Leandra's Law

Leandra’s Law, also known as the Child Passenger Protection Act, was enacted on November 18, 2009, making it an automatic felony on the first offense driving while intoxicated and/or impaired by drugs charge where the driver has a passenger in his or her vehicle who is under sixteen years of age. Any person caught operating a motor vehicle while intoxicated or impaired by drugs with a child passenger under the age of sixteen will be charged with a Class E Felony, with a potential penalty of 1 1/3 to 4 years in state prison.

Additionally, as of August 15, 2010, anyone convicted of Driving While Intoxicated will be required to have an ignition interlock device installed on any and all vehicles he or she operates for a minimum of six months, with the cost charged to the defendant.

Background on Leandra’s Law:
On October 11, 2009, eleven year old Leandra Rosado was killed on the Henry Hudson Parkway in New York City, when her friend’s mother, Carmen Huertas, was speeding and lost control of her vehicle, causing it to flip, throwing some of the girls in the vehicle, including Leandra, from the vehicle. Six other children were also injured during the crash. Ms. Huertas’ blood alcohol level was 0.12 after the crash. Ms. Huertas was sentenced to 4-12 years on her conviction for Manslaughter conviction.

 

Crash scene photo