March 19, 2010
/24-7PressRelease/ --
New York's Leandra's Law: DWI Crime and Punishment
Across the nation, states are cracking down on intoxicated drivers more severely than ever before. From erecting drunk-driving checkpoints on busy roads to mandating that convicted drunk-driving offenders install technology in their vehicles that will not allow the cars to start if the drivers are drunk, state legislatures have increasingly made driving-while-intoxicated (DWI) laws tougher and punishments stiffer. New York, with some of the toughest DWI laws in the nation, recently enacted
Leandra's Law, which makes the act of driving while intoxicated with a minor passenger in the vehicle a felony.
The Inspiration for Leandra's Law
Last October, an intoxicated woman put seven young girls into her car and set out to transport the girls to a sleepover. When the car rolled over, six of the girls were injured and an eleven-year-old girl was killed. In response to the accident and the impassioned campaigning of Leandra's father, the New York legislature passed Leandra's Law in an effort to prevent similar tragedies. In the year before this tragedy, 59 children were killed or injured in New York as passengers in the vehicles of intoxicated drivers.
Consequences of Violating Leandra's Law
Leandra's Law significantly toughens the penalties for DWI offenses that would otherwise be treated more leniently if a minor were not in the car with the intoxicated driver. The new law provides:
-Driving while intoxicated with a minor passenger aged 15 or under is a felony punishable by up to four years in prison.
-An intoxicated driver who seriously injures a minor passenger in an accident may get up to 15 years in prison.
-Causing the death of a minor passenger may result in a sentence of up to 25 years in prison.
-In addition to possible prison time, a person convicted of driving while intoxicated with minor passengers in the car is required to install a mandatory ignition interlock device in their vehicle for a lengthy period of time.
These penalties are obviously more severe than "ordinary" DWI sentences in New York. A person convicted of his or her first
driving while ability is impaired by alcohol (DWAI) offense is ordinarily only responsible for a $300 to $500 fine, up to 15 days imprisonment and a 90-day driver's license suspension. Even someone convicted of an initial aggravated DWI offense (due to a blood alcohol concentration (BAC) of .18 or above) is only eligible for a $1,000 to $2,000 fine, up to one year of imprisonment and installation of an ignition interlock device for the duration of the offender's probationary period.
In passing Leandra's Law, the New York legislature has imposed severe punishments for driving while intoxicated with a minor passenger.
Ignition Interlock Devices
Ignition interlock devices connect the ignition of a vehicle to a breath alcohol analyzer. A vehicle with such a device will not start if the driver does not pass the breath test. The installation of an ignition interlock device is now mandatory for anyone who violates Leandra's Law's provisions concerning minors. New York law previously required ignition interlock devices only in the cars of repeat and aggravated DWI offenders.
Ignition interlock systems provide various safety barriers to thwart attempts by an intoxicated driver to bypass the system. For example, the units provide reports to authorities reflecting the driver's BAC levels measured by the system over a period of time. Many systems include in the report any device tampering. A 1997 study funded by the Insurance Institute for Highway Safety concluded that repeat offenders in a mandatory ignition interlock program were 65 percent less likely to incur another alcohol-related traffic violation within the first year of the program.
For Further Reference
The punishments for those convicted of DWI, with or without a minor in the car, are severe. A person accused of a DWI offense should retain the counsel of a legal professional to advocate vigorously on his or her behalf. If you have been accused of driving while intoxicated, please consult an experienced criminal defense attorney.
Article provided by Mark J. Sacco
Visit us at
www.mjsacco.com---
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