Matisyahu Wolfberg PC

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Matisyahu Wolfberg PC

Family Law

Child Abuse
Leandra's Law is named after Leandra Rosado, an eleven year old girl who was killed in a car crash after the driver, who had allegedly been drinking for several hours prior to the crash, lost control of her vehicle on the Henry Hudson Parkway. Leandra's Law, which became effective December 18, 2009, sets some of the toughest DWI provisions in the country. Under Leandra's Law: First time offenders driving while intoxicated or impaired by drugs with a child less than 16 years old in the vehicle may be charged with a class E felony, punishable by up to four years in State prison. Courts must order all drivers convicted of driving while intoxicated or aggravated driving while intoxicated to install and maintain an ignition interlock on any vehicle owned and operated by such driver for at least six months. Drivers who drive while intoxicated or impaired by drugs and cause the death of a child less than 16 years of age in the vehicle may be charged with a Class B felony, punishable by up to 25 years in State prison. Drivers who drive while intoxicated or impaired by drugs and cause serious physical injury to a child less than 16 years of age in the vehicle may be charged with the Class C felony, punishable by up to 15 years in State prison. Police must make a notation in the form of "C.I.V." in the "Description of Violation" section of a simplified traffic information if a child less than 16 years of age was present in the vehicle of the person charged with driving while intoxicated, aggravated driving while intoxicated, or driving while ability impaired by drugs. The failure to make such notation, however, does not in any way affect a charge for a violation of the VTL provisions regarding driving while intoxicated. Police must report a parent or guardian who is charged with driving while intoxicated or while impaired by alcohol or drugs while their child is a passenger in the vehicle to the Statewide Central Register of Child Abuse and Maltreatment.

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