Leandra's Law – 1192(2-a)(b) of Vehicle and Traffic Law: Good Intentions Result in Harm to Child and Family
- Leandra’s Law was passed by the New York State Legislature and signed by the Governor in response to the death of Leandra Rosado, who was killed in an auto accident when she was being driven home by a friend’s mother who was intoxicated and speeding.
- The law makes it a class E felony 1192.(2-a)(b), punishable up to 4 years in prison, as well as a revocation of a person’s driver’s license for anyone to drive while intoxicated, (1192.2, 1192.3) or impaired by a drug, (1192.4), if they have a child in the car less than 15 years old. It is however, NOT a violation of Leandra’s Law to drive while impaired by alcohol, a violation of 1192.1, with a child under 15.
Boating While Intoxicated
Driving Under Influence of Drugs
Zero Tolerance Law
- Under New York’s Zero Tolerance Law, section 1192-a of the VTL, a motorist under 21 years of age face mandatory periods of suspension if they are found operating a motor vehicle with a blood alcohol content of .02 or more. (See 1192-a)
SUSPENSION PENDING PROSECUTION
Where BAC is .08 or more: 30 days or until disposition of case whichever is more. Motorist can apply for Hardship Privilege license, and pre-conviction conditional license after thirty days.
Where charge is 1192.(2)(3) or (4) and same conduct gives rise to charge of Vehicular assault, or manslaughter, PL 120, 125 or where there is a prior 1192 conviction within preceding 5 years. No possibility of pre-conviction conditional license after thirty days. VTL 1193(2)
MANDATORY INTERLOCK
Effective August 15, 2010 New York State joined nine other states mandating interlock devices for all first time DWI convictions. Specifically:
- Vehicle and Traffic Law §1192.2 DWI Intox/BAC .08%
• Vehicle and Traffic Law §1192.2a(a) Aggravated DWI Intox/BAC .18%
• Vehicle and Traffic Law §1192.2a(b) Child in vehicle (alcohol or drugs)
• Vehicle and Traffic Law §1192.3 DWI Intox/common law (based on performance)
Drinking Driving Program
- Attendance of, and the successful completion of the NY State Drinking Driving Program (DDP) is necessary for you in Obtaining a Post Conviction Conditional Driver’s License.
When a motorist’s license is suspended or revoked for the conviction of any subdivision of Article 1192 the motorist must surrender his license to the court. The motorist’s attorney may apply to the court for a 20 day stay of the mandatory suspension or revocation. This will allow the motorist time to apply for a conditional license at DMV if eligible.
Under New York State Law 1192.4
2013 New York Consolidated Laws
VAT – Vehicle & Traffic
Title 7 – RULES OF THE ROAD
Article 31 – (1192 – 1199) ALCOHOL AND DRUG-RELATED OFFENSES AND PROCEDURES APPLICABLE THERETO
- 1192 – Operating a motor vehicle while under the influence of alcohol or drugs.
- 1192-A – Operating a motor vehicle after having consumed alcohol; under the age of twenty-one; per se.
- 1193 – Sanctions.
- 1194 – Arrest and testing.
- 1194-A – Driving after having consumed alcohol; under twenty-one; procedure.
- 1195 – Chemical test evidence.
- 1196 – Alcohol and drug rehabilitation program.
- 1197 – Special traffic options program for driving while intoxicated.
- 1198 – Installation and operation of ignition interlock devices.
- 1198-A – Special procedures and disposition involving alcohol and substance abuse assessment and treatment.
- 1199 – Driver responsibility assessment.