Drinking and driving has always been a serious offense with serious repercussions, but now the state of New York has made DWI laws even stricter. The DWI lawyer of Thomas A. Corletta, Attorney & Counselor at Law, understands the severity with which the courts view drinking and driving with a child in the car, and now we want to help you understand too. By opening your eyes to the legal consequences of such irresponsible actions, our lawyers hope to decrease the number of DWIs throughout the state of New York altogether.

Understanding Leandra’s Law

VTL 1192.2-a(b) Leandra’s Law makes it illegal to operate a motor vehicle when a child who is less than 16 years old is present in the automobile, and when one or more dangers exist. Under Leandra’s Law, each of the following acts is punishable by hefty fines and jail time:

1. Driving While Intoxicated Or Impaired By Drugs.

If you are caught driving while under the influence with a child of less than 15 years of age in the vehicle, you will be charged with a class “E” felony and be subject to up to four years in prison. This is for first-time offenders. You may also be subject to anywhere from $1,000-$5,000 in fines.

2. Driving While Impaired & Causing A Child’s Death.

If your impaired state causes a car accident, which subsequently results in the death of a child who is 15 years old or younger, you will be subject to 25 years in prison and up to $5,000 in fines. This punishment takes into consideration that you are a first time offender.

3. Driving While Impaired & Causing A Child’s Injury.

If your impaired state causes a car accident, which results in the serious personal injury of a child who is 15 years old or younger, you will be subject to 15 years in prison and up to $5,000 in fines. This punishment takes into consideration that you are a first time offender.

In addition to criminal penalties, if you are the parent of the child in the vehicle, the arresting officer is required to report your arrest for your DWI to the Statewide Central Register of Child Abuse and Management.

Drinking and driving is not only harmful to your passengers and other drivers on the road, but also, it can negatively impact the rest of your life. From a felony conviction to a tarnished reputation, a DWI is not a crime that you want to be charged with.

However, good people make mistakes. If you have been charged with violating Leandra’s law, do not wait, and reach out to the DWI lawyer of Thomas A. Corletta, Attorney & Counselor at Law. With over 35 years of experience under out belts, we can help you combat the charges brought against you so that you may clear your name and move on with your life. Call (585) 546-5072 to schedule a consultation, or visit our website to learn more.