Leandra's Law: The second phase takes effect Sunday the 15th

While Leandra’s law has been on the books since December 18th, 2009 when Governor Paterson signed the bill into law, the final phase takes effect Sunday. The public knows it as Leandra’s Law, named after an 11 year old girl that was killed in a traffic accident, when the car carrying seven children crashed. The driver of that car Carmen Huertas admitted to the judge on Tuesday that she was downing cognacs before driving seven children to a slumber party.

Leandra’s Law is formally known as the Child Passenger Protection Act. Leandra’s law has many provisions. Here are the provisions that have been in effect since December 2009:

• 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 automatically have their license suspended pending prosecution.
• First time offenders driving while intoxicated (BAC of .08 or more) or those 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 4 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 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 younger than 16 in the car may be charged with a Class B felony, punishable by up to 25 years in state prison.
• Parents, guardians, custodians and others who are legally responsible for a child, and are charged with a driving while intoxicated or impaired by drugs while that child is a passenger in the vehicle, are reported to the Statewide Central Register of Child Abuse and Maltreatment by the arresting agency.

In New York State since the law was enacted there have been 311 arrests under Leandra’s Law. Erie County has had 32 people arrested under this law. One of the first came on Christmas where a woman driving four young children was stopped. She told the officers she was driving from Utica NY to Rochester NY. She was pulled over in Buffalo, overshooting her exit by 40 miles, her BAC was .19. Niagara County has had fewer arrests with 6. In the state of New York in 2009 there were 23,150 people arrested for felony and misdemeanor driving while intoxicated.

On Sunday August 15th the final phase of Leandra’s law goes into effect. Under this provision courts must order all drivers convicted of misdemeanor and felony drunk driving charges, even first time offenders regardless of whether there is a child in the car, to install and maintain an ignition interlock device on any vehicle they own or operate for at least six months at their own expense. This device doesn’t allow the car to start if the person doesn’t pass an alcohol breath test. The device will cost between $75 & $100 to install, and then a monthly fee ranging from $70 to $100. New York is the 13th state to mandate ignition interlock devices. Driving a vehicle without an interlock device after one has been ordered is a Class A misdemeanor, punishable up to one year in jail. Assisting someone in circumventing the device, by blowing into the device while sober and then allowing the intoxicated person to drive is also a Class A misdemeanor.

Only time will tell if these harsh penalties will curb the incidences of driving while intoxicated.

You can find this article and others on Facebook at Buffalo True Crime Examiner

Be sure to subscribe to me above and also check out my other title Buffalo Teen Issues Examiner