Leandra’s Law Mandates Ignition Interlocks
Posted on Wednesday, 18 of November , 2009 at 8:27 pm
ALBANY—A new law, now known as Leandra’s Law, was signed Wednesday by Gov. David Paterson, stiffening drunk driving penalties in the state and making them among the toughest in the nation.
The legislation makes it a felony for individuals to drive while intoxicated or under the influence of drugs (DWI) with children in the car. Previously, this was considered a misdemeanor offense and could be treated as a traffic violation. The law also marks the first time that New York State has mandated ignition interlocks for all misdemeanor and felony DWIs.
The bill is named for the 11-year-old New York girl who was killed last month in a DWI crash. Leandra’s father, Lenny Rosado, was in Albany pushing for the passage of the bill.
Leandra died on Oct. 11 on West Side Highway and six other girls between the ages of 11 and 14-years old were injured when a van operated by a Bronx woman rolled the van that she was driving. Carmen Huertas, 31, had invited six of her daughter’s school-age friends to her Bronx home for a sleepover, including Leandra Rosado Manhattan. Huertas is facing charges of manslaughter, vehicular manslaughter, operating a motor vehicle while under the influence of alcohol and assault.
“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 chose to compromise not only their own lives, but also the lives of our children. Today, we say enough,” Governor Paterson said. “This legislation sets some of the toughest DWI penalties in the nation, providing law enforcement officials with the tools they need to prosecute offenders. I thank my colleagues in the Senate and Assembly for working to prevent future tragedies of young lives needlessly cut short.”
Under the new law:
- First time offenders driving while intoxicated (.08 Blood Alcohol Content (BAC) or more) or impaired by drugs while a child of younger than 16 years old is in the vehicle may be charged with a class E felony punishable by up to 4 years in State prison.
- Individuals charged with driving with a blood alcohol level of .08 or greater and with a child under the age of 16 in the vehicle would automatically have their license suspended pending prosecution.
- 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 such driver for at least 6 months, in addition to any term imprisonment. The Department of Probation and Correctional Alternatives will issue regulations that will provide counties with different options for supervising the use of interlocks, so as to ensure that they can determine the most appropriate mechanism for their needs.
- Drivers who drive while intoxicated or impaired by drugs and cause the death of a child younger than 16 in the car may be charged with a Class B felony, punishable by up to 25 years in State prison.
- Drivers who drive while intoxicated or impaired by drugs and cause serious physical injury to a child in the vehicle may be charged with the Class C felony, punishable by up to 15 years in State prison.
- Individuals who are a parent, guardian, custodian or otherwise legally responsible for a child who are charged with driving while impaired by alcohol or drugs while that child is a passenger in the car would be reported to the Statewide Central Register of Child Abuse and Maltreatment by the arresting agency.
Deputy Secretary for Public Safety and Commissioner of the New York State Division of Criminal Justice Services Denise E. O’Donnell said: “Leandra’s Law has tougher penalties for those who drive drunk with children in the car and a strong focus on prevention. Those states which require mandatory interlock devices have 35 percent fewer DWI offenses. This legislation will prevent more senseless deaths and will save lives.”
Interlock provisions mandate the installation of a device that makes the car inoperable unless the individual demonstrates via breathalyzer that he or she is not under the influence of alcohol. The installation of such a device as a sanction for a DWI offense was previously left to the court’s discretion. Experience in other states has shown interlocks to be an extraordinary effective tool in curtailing drunk driving.
In passing this legislation, New York joins 35 states that have special “child endangerment” laws to impose higher DWI sanctions against individuals who place a child passenger at risk. It joins 12 other states with across-the-board mandatory interlock laws. 11-18-09
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Category: Children, Courts, Crime, Government, New York State, Police
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