Leandra's Law was passed by the New York State Legislature and signed by the Governor in response to the death of Leandra Rosado, an eleven-year-old who was killed when a friend's mother, intoxicated and speeding, crashed the car that was taking her home.
The law is found in section 1192(2-a)(b) of the Vehicle and Traffic Law. It makes it a class E felony, punishable by up to four years in prison and revocation of the driver's license, to drive while intoxicated under section 1192(2) or 1192(3), or while impaired by a drug under section 1192(4), with a child fifteen years of age or younger in the vehicle. Note that it is not a violation of Leandra's Law to drive while impaired by alcohol, a violation of section 1192(1), with a child in the car. That remains a traffic infraction, although the court can and will consider the child's presence at sentencing.
Driving under the influence of drugs. Section 1192(4) prohibits driving while the ability to do so is impaired by a drug, and section 1192(4-a) covers the combined influence of drugs and alcohol. Both are misdemeanors carrying the same penalties as a first driving while intoxicated charge. Cannabis is a drug for this purpose. Legalization did not change the driving statute, and arrests for impaired driving after cannabis use continue in Suffolk and Nassau.
Boating while intoxicated. The same conduct on the water is prosecuted under section 49-a of the Navigation Law, which carries penalties that parallel the Vehicle and Traffic Law, including license consequences for the operator's privilege to operate a vessel. Suffolk County, with its bays and the Sound, sees more of these cases than most counties in the state.
Zero tolerance. Under New York's zero tolerance law, section 1192-a of the Vehicle and Traffic Law, a driver under twenty one years of age who is found operating a motor vehicle with a blood alcohol content of .02 percent or more, but less than .08 percent, faces a mandatory suspension of the license through a Department of Motor Vehicles hearing rather than a criminal charge.
Suspension pending prosecution. Where the blood alcohol content is .08 percent or more, the court must suspend the license at arraignment pending prosecution. The driver can apply for a hardship privilege at arraignment, which allows driving to and from work, school, and medical appointments, and after thirty days can apply for a pre-conviction conditional license. Where the charge under section 1192(2), (3), or (4) arises from the same conduct as a charge of vehicular assault or vehicular manslaughter under articles 120 and 125 of the Penal Law, or where there is a prior conviction under section 1192 within the preceding five years, there is no pre-conviction conditional license. See section 1193(2) of the Vehicle and Traffic Law.
Mandatory ignition interlock. Since August 15, 2010, New York has required an ignition interlock device on every vehicle owned or operated by a person convicted of a misdemeanor or felony driving while intoxicated offense, for a minimum of twelve months. The requirement applies to convictions under section 1192(2), driving while intoxicated with a blood alcohol content of .08 percent or more; section 1192(2-a)(a), aggravated driving while intoxicated with a blood alcohol content of .18 percent or more; section 1192(2-a)(b), Leandra's Law; and section 1192(3), driving while intoxicated based on the driver's condition and performance rather than a chemical test.
The Impaired Driver Program. What used to be called the Drinking Driver Program is now the Impaired Driver Program, run by the Department of Motor Vehicles. Enrollment in and completion of the program is required to obtain a post-conviction conditional license. A driver who has completed the program, or who has had another alcohol or drug related conviction, within the preceding five years is not eligible.
Surrendering the license. When a license is suspended or revoked on conviction under any subdivision of section 1192, the driver must surrender it to the court. The driver's attorney may apply to the court for a twenty day stay of the suspension or revocation, which gives the driver time to apply to the Department of Motor Vehicles for a conditional license if eligible.
The statutes. The alcohol and drug related driving offenses are found in article 31 of the Vehicle and Traffic Law: section 1192, operating a motor vehicle while under the influence of alcohol or drugs; section 1192-a, operating a motor vehicle after having consumed alcohol while under the age of twenty one; section 1193, sanctions; section 1194, arrest and testing; section 1194-a, procedure for drivers under twenty one; section 1195, chemical test evidence; section 1196, the alcohol and drug rehabilitation program; section 1197, the special traffic options program for driving while intoxicated; section 1198, ignition interlock devices; section 1198-a, alcohol and substance abuse assessment and treatment; and section 1199, the driver responsibility assessment.
If you have been charged with any of these offenses in Suffolk or Nassau County, call 516-928-5838 or use our contact form for a free thirty-minute consultation. Our criminal defense page explains how we approach these cases.