NY mom violates Leandra’s Law after driving intoxicated with son in car

Prior results do not guarantee a similar outcome.

In New York, it is a Class E felony to operate a vehicle in an intoxicated state with a child under the age of 16 as a passenger.

Recently, a mother in New York struck another vehicle on a busy highway and then fled the scene of the accident, states NBC New York. After the collision occurred, law enforcement officials were able to track the woman down. While speaking with her, they noticed that she exhibited signs of intoxication and had her perform sobriety tests. She failed these tests and then was consequently arrested for drunk driving.

The woman was charged with aggravated DWI under Leandra's Law because her 10-year-old son was with her when she hit the other vehicle. The woman also faces charges for child endangerment as well as for other traffic violations.

What is Leandra's Law?

According to the New York State Department of Motor Vehicles, Leandra's Law was signed into effect on November 18, 2009. Under this law, it is illegal for any driver to operate a vehicle in an intoxicated state with a passenger who is under the age of 16. This particular DWI offense is a Class E felony and is punishable by up to four years in state prison.

The DMV also states that any person who operates a vehicle in an impaired or intoxicated state and causes the death of a child who is under the age of 16 may be charged with a Class B felony. This offense is punishable by up to 25 years in prison. Additionally, if an impaired driver causes an accident that results in severe physical injury to a child under the age of 16, he or she will be charged with a Class C felony. This offense is punishable by a 15-year prison term.

The ignition interlock requirement

Not only did Leandra's Law heighten the penalties for driving intoxicated with a minor passenger, but it also strengthened ignition interlock statutes in New York. According to the DMV, under this law, any person who is convicted of drunk driving after August 15, 2010 must use an ignition interlock device in the vehicle he or she operates. Additionally, any person convicted of DWI will have an ignition interlock restriction added to his or her driver's license.

An ignition interlock device is a device that is wired into a vehicle's ignition system and measures the blood alcohol concentration level of the driver. Before a driver is able to start his or her vehicle, he or she must provide an acceptable breath sample. If the driver's BAC level is too high, his or her vehicle will not start.

After a DWI arrest

The penalties associated with a DWI conviction in New York are severe and can have both legal and financial repercussions. If you were recently arrested for drinking and driving, speak with an attorney to determine what legal steps you should take next.

Keywords: drunk driving, DWI, arrest, felony