Starting last weekend, those who drive drunk with a child in the car will face felony charges under Leandra’s Law, one of the toughest anti-drunk driving laws in the country championed by our own New York State senator.
Most of the 500 children who die because of drunk drivers each year nationwide are passengers, according to the American Automobile Association’s Auto Club of New York.
Leandra’s Law is named after 11-year-old Leandra Rosado, who was killed while riding in a car that crashed along the Henry Hudson Parkway in October. The driver of the car, who was the mother of one of Leandra’s friends, was arrested for Driving While Intoxicated.
The law was authored by Senator Charles Fuschillo (R-Merrick), Senator Martin Dilan (D-Brooklyn) and Assemblyman Harvey Weisenberg (D-Long Beach), and signed by Governor David Paterson last month. This was an amazing achievement considering these times and the amount of time it usually takes for any law to make it through the process.
Under Leandra’s Law, those arrested for driving drunk (.08 Blood Alcohol Content or higher) with a child in the car will be charged with a class E felony and face up to four years in prison.
Additional penalties are created for cases where children are killed or seriously injured while riding in a car with a drunk driver. Drunk drivers who cause the death of a child riding in their car will face up to 25 years in prison. Those who seriously injure their child passenger in a DWI crash will face up to 15 years in prison.
Leandra’s Law also expands the use of ignition interlocks, which are breath test devices that prevent a vehicle from starting if it detects alcohol in the driver’s breath. Those convicted of driving drunk with a child in the car will not be permitted to operate a vehicle without having an ignition interlock installed. Starting August 15, that sanction will apply to any driver convicted of a DWI offense in New York State, including first-time offenders.
During the holiday season, drinking is often part of the celebration. But those who drink need to make sure they don't drive. Their hosts and family and friends are responsible too. The consequences to passengers and pedestrians can turn joy into sorrow in a New York minute.