One of the most important laws regarding intoxicated driving in New York State is Leandra’s Law. When it was passed, the goal was to strengthen the penalties for individuals who were found to be driving under the influence of alcohol while there were children under the age of 16 in the car. Some of the things that this law requires include that:
- Individuals who are driving with a BAC over the legal limit with a child under 16 in the vehicle will automatically have their drivers’ license suspended
- If the driver causes the death of a child under 16, they may face up to 25 years in prison and a Class B felony
- If the driver is a parent and has their child in the car, they will be reported to the Statewide Central Register of Child Abuse and Maltreatment
- First-time DWI offenders who have a child in the car can be charged with a Class E felony, which can result in up to 4 years of imprisonment
- If the child passenger experiences serious physical injury as a result of the driver’s intoxication, they may face a Class C felony and may face up to 15 years in prison
Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.