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Leandra's Law (Child Passenger Protection Act)
Leandra's Law, formally known as the Child Passenger Protection Act, was signed into New York State law in December 2009 by then Governor David Patterson. Named in memory of 11 year old Leandra Rosado who died in October 2009 when the SUV in which she and 7 other children were riding flipped over on the Henry Hudson Parkway in Manhattan . The driver, a friend of the child's mother, was allegedly driving while intoxicated at the time of the accident.
Leandra's law makes it an automatic class E felony on the first offense for an individual to drive with a blood alcohol level (BAC) of 0.80 or greater or impaired by drugs with a child under the age of 16 in the vehicle.
Individuals convicted of DWI under Leandra's Law can expect fines in the range of $1000 to $5,000, the requirement to install and pay monthly fees for an ignition lock device for at least six months, and the possibility of a prison sentence from 1 to 4 years. In addition, the drivers license will be suspended pending prosecution, and if found guilty the suspension will be for a minimum 12 months.
An individual's who is driving while intoxicated (DWI) or impaired by drugs and causes the death of a child under the age of 16 may be charged with a Class B felony, which could result in a sentence of up to 25 years in a state prison. Those whose driving while intoxicated or impaired by drugs results in serious injury to a child under 16 may face a Class C felony charge, with a prison sentence of up to 15 years.
Those legally responsible for a child such as parents, guardians, or custodians will be reported to the New York Statewide Central Register of Child Abuse and Maltreatment should they be convicted under Leandra's Law (Child Passenger Protection Act ).
From the effective date of the law through July 2010 there were 311 arrests recorded under Leandra's Law.