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New law makes DWI with children a felony

Jan 8, 2010 | Amber Withers | Dall Times

New Yorkers who choose to drink and drive with children in their vehicles will now face stricter penalties, thanks to a new law signed Wednesday by Gov. David Paterson.

Leandra's Law, originally proposed by Paterson in August as the Child Passenger Protection Act, makes it a felony for individuals to drive while intoxicated or under the influence of drugs with a child passenger.

"When I introduced the Child Passenger Protection Act - now known as Leandra's Law - it was because too often, drivers under the influence of alcohol or drugs choose to compromise not only their own lives, but also the lives of our children. Today, we say ‘enough,'" Paterson said.

The law is named after 11-year-old Leandra Rosado, who was killed in an October drunk driving accident. "Today is a glorious day," said Lenny Rosado, Leandra's father, Wednesday.

According to Paterson, in 2007, there were 9,480 accidents related to driver intoxication in New York, 344 of which resulted in deaths. Nearly 200 of those killed or injured were younger than 14 years old.

Prior to the passage of Leandra's Law, receiving a DWI with children in the vehicle was considered a misdemeanor offense and could be treated as a traffic violation.

Mothers Against Drunk Driving (MADD), including the Oswego County chapter under the direction of Joanne Hutchinson, expressed strong support for the law. A drunk driver killed Hutchinson's daughter, Amanda, in 1998.

"I think what Gov. Paterson is doing is wonderful and I think it's a long time overdue," Hutchinson said in August. "As a child, you have nothing to say when your parents tell you to get in the car. You were taught to obey your parents, and you just continue to do that. And I'm hoping that this will bring stricter enforcement and that parents will realize now that it is endangering your children's lives."

Under Leandra's Law:

• First time offenders driving while intoxicated (.08 blood alcohol content or more) or impaired by drugs while a child younger than 16 years old is in the vehicle may be charged with a class-E felony, punishable by up to four years in state prison;
  
  
• Individuals charged with driving with a blood alcohol level of .08 or greater with a child in the vehicle would automatically have their license suspended pending prosecution;

• Drivers who drive while intoxicated or impaired by drugs and cause serious physical injury to a child in the vehicle may be charged with a class-C felony, punishable by up to 15 years in state prison;

• Drivers who drive while intoxicated or impaired by drugs and cause the death of a child may be charged with a class-B felony, punishable by up to 25 years in state prison;

• A parent or guardian of a child charged with driving while impaired by alcohol or drugs while that child is a passenger in the vehicle would be reported to the Statewide Central Register of Child Abuse and Maltreatment; and

• Courts must order all drivers convicted of a misdemeanor or felony DWI to install and maintain an ignition interlock on any vehicle owned and operated by the convicted driver for at least six months.

Ignition interlocks are devices that make a vehicle inoperable unless the individual demonstrates, via a breathalyzer, that he or she is not under the influence of alcohol.

In passing Leandra's Law, New York state joins 35 states that have special child endangerment laws to impose higher DWI sanctions against individuals who place a child passenger at risk. New York also joins 12 other states with mandatory interlock laws.

"This legislation sets some of the toughest DWI penalties in the nation, providing law enforcement officials with the tools they need to prosecute offenders," Paterson said. "I thank my colleagues in the Senate and Assembly for working to prevent future tragedies of young lives needlessly cut short."

Leandra's Law unanimously passed the New York State Assembly by a vote of 130-0, Tuesday. It also unanimously passed the New York State Senate by a vote of 59-0, Wednesday.

"I applaud the governor's leadership to ensure New York once again takes the vital steps necessary to increase traffic safety and protect the most vulnerable of highway users, our children," said Department of Motor Vehicles Commissioner David Swarts. "Those who choose to drink and drive risk killing or injuring not only themselves, but all users of our roadways, and these new laws will go a long way to curb this dangerous and thoughtless behavior."