What is Leandra’s Law?

Leandra’s Law, officially known as the Child Passenger Protection Act, is a New York State law enacted in 2009 that imposes severe penalties on individuals who drive while intoxicated or impaired by drugs with a child passenger aged 15 or younger in the vehicle 

Key Provisions of Leandra’s Law

• Automatic Felony for First–Time Offenders: Driving while intoxicated (DWI) or impaired by drugs with a child passenger aged 15 or younger is classified as a Class E felony, punishable by up to 4 years in state prison
• Enhanced Penalties for Injury or Death:
  • If a child passenger is seriously injured, the offense escalates to a Class C felony, carrying a potential sentence of up to 15 years.
  • If a child passenger dies, the offense becomes a Class B felony, with a possible sentence of up to 25 years.​
• Mandatory Ignition Interlock Devices: All individuals convicted of DWI offenses are required to install and maintain an ignition interlock device on any vehicle they own or operate for at least six months 
• License Suspension: Individuals charged under Leandra’s Law automatically have their driver’s license suspended pending prosecution
• Reporting to Child Protective Services: Parents or guardians charged with DWI while transporting a child are reported to the Statewide Central Register of Child Abuse and Maltreatment.

Background

Leandra’s Law was enacted following the tragic death of 11-year-old Leandra Rosado, who was killed in a car crash on October 11, 2009, while riding with her friend’s mother, who was allegedly intoxicated Bottom of Form

Leandra’s Law is primarily codified in New York Vehicle and Traffic Law (VTL) § 1192(2–a)(b). This section makes it a Class E felony to operate a motor vehicle while intoxicated with a child passenger aged 15 or younger in the vehicle.​

Key Provisions of VTL § 1192(2–a)(b)

• Class E Felony: Driving while intoxicated with a child passenger aged 15 or younger is classified as a Class E felony, punishable by up to 4 years in state prison.​
• Mandatory Ignition Interlock Devices: Individuals convicted under this law are required to install and maintain an ignition interlock device on any vehicle they own or operate for a specified period.​
• License Suspension: Upon being charged under this section, the individual’s driver’s license is automatically suspended pending prosecution.​
• Reporting to Child Protective Services: If the driver is a parent or guardian, the incident is reported to the Statewide Central Register of Child Abuse and Maltreatment.​

Additional Legal References

Leandra’s Law also led to amendments in other sections of the law, including:​

• VTL § 1193: Outlines penalties for DWI offenses, including those involving child passengers.​
• Penal Law § 60.21: Mandates the installation of ignition interlock devices for certain DWI convictions.​
• Family Court Act § 1012: Defines child abuse and neglect, which can be relevant in cases involving DWI with child passengers.​