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Intoxicated driving has always been a serious offense with serious consequences, and New York State continues to make DWI laws even stricter. DWI lawyer Thomas A. Corletta, Attorney & Counselor at Law, understands the severity with which the courts view drinking and driving, particularly with a child in the car, and wants to help you understand the law. By providing insight as to the legal consequences of a violation of the law, Mr. Corletta hopes you can avoid such consequences.

Understanding Leandra’s Law

VTL 1192.2-a(b) Leandra’s Law makes it illegal to operate a motor vehicle while intoxicated or impaired by drugs when a child 15 years of age or younger is in the vehicle. Such a violation is a felony. Under Leandra’s Law, each of the following acts is punishable by loss of license, fines, imposition of Ignition Interlock, and/or incarceration or probation.

1. Driving While Intoxicated Or Impaired By Drugs.

If you are arrested for driving while intoxicated or impaired by drugs with a child 15 years of age or younger in the vehicle, you will be charged with a class “E” felony and could be subject to up to four years in prison. This is for first-time offenders. You could also be subject to anywhere from $1,000-$5,000 in fines, plus surcharges and court costs.

2. Driving While Impaired & Causing A Child’s Death

DWI attorneyIf your intoxicated or impaired state results in an accident causing the death of a child who is 15 years old or younger, you could receive up to 25 years in prison and up to $5,000 in fines. This crime is called Aggravated Vehicular Homicide under the Penal Law.

3. Driving While Impaired & Causing A Child’s Injury.

If your intoxicated or impaired state results in an accident causing serious personal injury to a child who is 15 years old or younger, you could receive up to 15 years in prison and up to $5,000 in fines. This crime is called Aggravated Vehicular Assault under the Penal Law.

In addition to criminal penalties, if you are the parent of the child in the vehicle, the arresting officer is required to report your arrest to the Statewide Central Registry of Child Abuse and Maltreatment. This could effect your employment, particularly if your work involves children.

Drinking and driving is not only harmful to passengers and other drivers on the road, but it can negatively impact the rest of your life, from a felony conviction, jail or probation, to a tarnished reputation. DWI is not a crime you want to be charged with.

However, good people can make mistakes. If you have been charged with violating Leandra’s Law, or any DWI law, do not wait, and reach out to DWI lawyer Thomas A. Corletta, Attorney & Counselor at Law. With over 36 years of experience under his belt, he can help you defend the charges brought against you so you can avoid harsh consequences. Call (585) 546-5072 to schedule a consultation, or visit our website to learn more.

 

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