Leandra's Law (Child Passenger Protection Act) is a New York State law making it an automatic

felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...

on the first offense to drive drunk with a person age 15 or younger inside the

vehicle A vehicle (from la, vehiculum) is a machine that transports people or cargo. Vehicles include wagons, bicycles, motor vehicles (motorcycles, cars, trucks, buses, mobility scooters for disabled people), railed vehicles (trains, trams), wa ...

, and setting the

blood alcohol content Blood alcohol content (BAC), also called blood alcohol concentration or blood alcohol level, is a measurement of alcohol intoxication used for legal or medical purposes; it is expressed as mass of alcohol per volume or mass of blood. For exampl ...

, or BAC, at 0.08. The bill was unanimously passed by the

New York State Assembly The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits. The Assem ...

and the

New York State Senate The New York State Senate is the upper house of the New York State Legislature; the New York State Assembly is its lower house. Its members are elected to two-year terms; there are no term limits. There are 63 seats in the Senate. Partisan com ...

and then signed into law by Governor

David Paterson David Alexander Paterson (born May 20, 1954) is an American politician and attorney who served as the 55th governor of New York, succeeding Eliot Spitzer and serving out nearly three years of Spitzer's term from March 2008 to December 2010. A ...

on November 18, 2009.

Background

Leandra Rosado, an 11-year-old girl, was killed on the

Henry Hudson Parkway The Henry Hudson Parkway is a parkway in New York City. The southern terminus is in Manhattan at 72nd Street, where the parkway continues south as the West Side Highway. It is often erroneously referred to as the West Side Highway throughout it ...

New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...

on October 11, 2009 when her friend's mother, Carmen Huertas, lost control of the car they were in while allegedly under the influence of alcohol. The car, driving 68 miles per hour in a 50 mile per hour zone, flipped over on the highway Six other children were also injured during the incident. Huertas pled guilty to all charges filed against her and was sentenced to four to twelve years in prison on October 29, 2010.

The law

Pursuant to New York Vehicle Traffic Law Section 1192 2-a(b), any person operating a motor vehicle while intoxicated and transporting a child is guilty of a Class E Felony. In the event that reckless driving and death or serious physical injury is a factor, an individual is guilty of a class D felony. Defendants convicted under the new law face a prison sentence of up to four years and a fine of $1000–$5000. The installation of a mandatory ignition interlock device for a term of at least six months is also an expected provision of sentencing (mandatory for all DWI offenses committed after August 15, 2010). Moreover, licenses are automatically suspended pending prosecution and once proven guilty, the person will be reported to the Statewide Central Register of Child Abuse and Maltreatment and his/her license will be suspended for a minimum of twelve months. First time and repeat offenders are charged with an E level felony, regardless of criminal record.

References

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External links

* http://www.assembly.state.ny.us/Press/20091117a/ * http://www.27east.com/story_detail.cfm?id=304546 * http://www.cnn.com/2009/CRIME/11/19/new.york.dwi.law/ * https://web.archive.org/web/20091120071849/http://wcbstv.com/politics/leandras.law.dwi.2.1320705.html New York (state) statutes Driving under the influence 2009 in American law 2009 in New York (state) 2009 politics in New York (state)

Background

The law

See also

References

External links