WHAT IS LEANDRA'S LAW?
In 2009, Leandra’s Law, also known as the Child Passenger Protection Act, was named in memory of Leandra Rosado, an 11-year-old girl who tragically lost her life while riding in a car with an intoxicated driver. As a response to this heartbreaking incident, the NYS Legislature introduced significant amendments to the Vehicle and Traffic Law (VTL) aimed at protecting young passengers.
LEANDRA'S LAW & PENALTIES
- First-time offenders caught driving with a blood alcohol content (BAC) of .08 or higher or impaired by drugs with a child aged 15 or younger can face a class E felony charge, carrying a maximum penalty of 4 years in prison.
- Drivers charged with having a BAC of .08 or above while transporting a child under 15 will have their license automatically suspended during legal proceedings.
- Those responsible for causing the death of a child under 15 due to driving under the influence may be charged with a Class B felony, punishable by up to 25 years in State prison.
- Drivers causing serious injury to a child under 15 while driving intoxicated can face charges of a Class C felony, leading to up to 15 years in State prison.
Even if no child is present in the vehicle, individuals convicted of any drunk driving offense are required to install and maintain an Ignition Interlock Device for at least 12 months. This applies alongside any fines or jail time imposed and includes probation or conditional discharge. Additionally, an ignition interlock restriction will be added to the driver’s license.
Moreover, if a parent or guardian is caught driving impaired by alcohol or drugs with their child as a passenger, they will be reported to the Statewide Central Register of Child Abuse and Maltreatment by law enforcement.
