Pulled Over for Drunk Driving With a Child in the Vehicle?
On December 18, 2009, it became a felony in New York to drive under the influence of drugs or alcohol with a child under age 16 in the vehicle (CIV). The Child Passenger Protection Act, also known as Leandra's Law, is meant to reduce drunk driving and child endangerment. This is a serious charge with severe consequences. If convicted, a prison sentence is a real possibility.
If you are charged with this felony, you will need experienced legal help. The attorneys at Colwell, Colwell & Petroccione, LLP, bring over 20 years of combined experience in New York law to your case. We have handled hundreds of drunk driving cases in the Capital Region and Hudson Valley area. Call us at 518-462-4242 for a free consultation.
A Serious Offense Just Became Even Tougher
With the passing of Leandra's Law, New York Assembly Speaker Sheldon Silver said, "New York will have the toughest sentences for any first-time DWI offense in the nation." First-time Driving While Intoxicated (DWI) offenders — having a .08 Blood Alcohol Content (BAC) or higher — and Driving While Ability Impaired (DWAI) by Drugs offenders who have a minor child in the vehicle may be charged with a class E felony. Also, those charged under this new law will have their licenses automatically suspended pending prosecution.
In addition to the increased penalties for those charged with CIV, Leandra's Law also requires all first-time DWI misdemeanor and felony offenders to install an ignition interlock device in their vehicles for at least six months. This probationary condition will be in addition or consecutive to any imprisonment term. Interlock devices render a car inoperable unless the driver proves by breathalyzer that they are not under the influence of alcohol.
You Need a Lawyer Now
Aggravated DWI-CIV is not a drunk driving charge you can defend on your own. At its highest level it becomes a class B felony, punishable by up to 25 years in state prison — if the impaired driver causes the death of a minor child in the car. In addition, parents, guardians and custodians of a child who are charged with driving while impaired by alcohol or drugs with a child in the car can be reported to the Statewide Central Register of Child Abuse and Maltreatment.
A Conviction Will Follow You
Call our Albany office at 518-462-4242 or send an e-mail for a free consultation.
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