Leandra's Law: A Comprehensive Overview of Child Safety Regulations

Definition & Meaning

Leandra's Law, officially known as the Child Passenger Protection Act, is a New York State law designed to enhance the safety of children in vehicles. It makes it a felony for anyone to drive while intoxicated or under the influence of drugs if a child under the age of 16 is present in the vehicle. This law was enacted in response to the tragic death of 11-year-old Leandra Rosado, who lost her life in a car accident involving a drunk driver.

Table of content

Legal Use & context

Leandra's Law is primarily utilized in criminal law, particularly in cases involving driving while intoxicated (DWI) or driving while ability impaired (DWI). It serves to impose stricter penalties on offenders who endanger children while driving under the influence. Legal practitioners may encounter this law in cases involving child endangerment, DWI charges, and related criminal proceedings. Users can find templates for legal forms related to DWI offenses through services like US Legal Forms.

Key legal elements

Driving while intoxicated or impaired with a child under 16 present constitutes a Class E felony for first-time offenders.
Convicted drivers must install an ignition interlock device for at least six months.
Causing the death of a child while driving impaired can lead to a Class B felony charge.
Causing serious physical injury to a child while driving impaired can result in a Class C felony charge.
Police are required to report incidents to the Statewide Central Register of Child Abuse and Maltreatment.

Real-world examples

Here are a couple of examples of abatement:

Example 1: A driver is pulled over for erratic driving and found to be intoxicated with a five-year-old child in the back seat. The driver faces felony charges under Leandra's Law.

Example 2: A driver causes a serious accident resulting in injuries to a child passenger while under the influence of drugs. The driver could be charged with a Class C felony. (hypothetical example)

Relevant laws & statutes

The primary statute governing Leandra's Law is New York Vehicle and Traffic Law § 235. This law outlines the penalties and requirements for drivers who are convicted of DWI with a child passenger present.

State-by-state differences

State	Key Differences
New York	Leandra's Law applies specifically to intoxicated driving with a child passenger.
California	Similar laws exist but may have different penalties and definitions.
Texas	Has laws regarding child endangerment in DWI cases, but penalties may vary.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Differences
Driving While Intoxicated (DWI)	Operating a vehicle under the influence of alcohol or drugs.	DWI does not specifically address the presence of a child.
Child Endangerment	Putting a child at risk of harm or injury.	Child endangerment laws can apply in various contexts, not just driving.

Common misunderstandings

What to do if this term applies to you

If you are facing charges under Leandra's Law, it is crucial to seek legal advice immediately. A qualified attorney can help you navigate the legal process and understand your rights. You can also explore US Legal Forms for templates that may assist you in managing your legal situation effectively. If the matter is complex, consider hiring a legal professional for representation.

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Quick facts

Typical penalties range from fines to imprisonment for up to 25 years, depending on the severity of the offense.
Jurisdiction: New York State.
First-time offenders may face a Class E felony charge.
Ignition interlock devices are mandatory for convicted drivers.