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Leandra's Law Can Elevate Your DWI to a Felony. Retain Our Defense Services from All Over Long Island.

Leandra’s Law

DWI Defense Attorneys in Long Island

In November of 2009 the Senate passed the Child Passenger Protection Act, more commonly known as Leandra’s Law. Sponsored by Senator Martin Dilan, the law makes it a first-time felony offense to operate a motor vehicle while intoxicated with a passenger that is 15 years old or younger. The name comes from a landmark case where a woman drove while intoxicated and ended up flipping her car over the highway after doing 68 miles per hour in a 50 miles per hour zone. In the process she injured six other children and killed 11 year old Leandra Rosado. The driver was given a sentence of four to twelve years as a result of the accident.

Now if you are transporting a minor 15 years of age or younger and are over the legal Blood Alcohol concentration of .08% you are in automatic violation of Leandra’s Law. Furthermore, there are also other factors that can increase the penalties that are associated with this law.

Penalties associate with Leandra's Law Include:

  • Violation of Leandra’s Law is Considered a Class E Felony, 1 to 4 Years and/or up to a $5000 Fine
  • If a Child is Injured the Penalty Increases to a Class D Felony, 1 to 7 Years
  • If Reckless Driving is a Factor in the Injury the Penalty Increases to a Class C Felony, Up to 15 Years
  • If a Child is Killed the Penalty Increases to a Class C Felony,
  • If Reckless Driving is a Factor in the Death the Penalty Increases to a Class B Felony, Up to 25 Years

In addition, this law also comes with a mandatory ignition interlock device that is standard in all DWI related crimes as stated by the New York Senate.

Our Glen Cove DWI Attorneys Have 30+ Years of Experience

If you have been charged with a DWI as a result of Leandra’s Law it is important that you contact our DWI attorneys immediately. At Prime & O’Brien we standing ready to ensure your case gets the attention it deserves. Both of our attorneys are former Nassau County Prosecutors that understand the complexities of New York state law.

Contact us today at (516) 670-5992 to ensure you get the representation you deserve.

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