Leandra’s Law (Child Passenger Protection Act)

About Leandra’s Law

            Leandra’s Law is named in honor of Leandra Rosado. She was an eleven-year-old girl who was killed in a DUI related accident. Even if you are a first time DUI offender, if you are driving with a passenger who is fifteen years, or younger in the car, you can be charged with a class E felony that is punishable for up to four years in state prison.  Additionally, a defendant who is charged with DUI and was found to have a blood alcohol level of .08, or more with a passenger fifteen years or younger, automatically has their license suspended, until their case of over. In these cases, the minor did not die.

            A driver who was driving while intoxicated or on drugs and caused serious injuries to a minor passenger, can be charged with a class C felony, and can be sentenced to up to fifteen years in prison. On the other hand, a defendant who was driving while intoxicated or impaired by drugs and caused a minor passenger to die, may be charged with a class B felony. Furthermore, if you are a parent who is intoxicated, driving your child, you will be reported to the state for child abuse. This is punishable for up to twenty give years in state prison. If you were convicted of a felony or misdemeanor, with no minor passenger in the car, and you are accused of DUI, you can still face prison time. More time can be added to your prison sentence, and you can get a fine.

What to do if You are Accused of a DUI

            Getting arrested for DUI can be scary and very confusing to you, especially if it is your first arrest. The first step you should take after getting arrested is to take the chemical test. If you refuse the chemical test, you will be punished. In New York, refusal of a chemical test can cause your driver’s license to be suspended for six months to a year, as well as paying a $500 fee. These punishments do not include the punishment if you are arrested. A chemical test shows your blood alcohol level. This can either benefit, or harm you, depending on how much you’ve had to drink. The second step would be to contact and retain an attorney who is experienced in DUI cases, as DUI laws are complex. When you are released, you should contact the DMV to request a hearing. This hearing will determine whether you can keep your license, or not. If you do not have a DMV hearing, your license will automatically be suspended.

At The Law Office of Yifei He, PLLC, our lawyer has years of experience helping clients overcome a wide range of legal barriers. With our attorney by your side, you can navigate this process with efficiency and confidence.

Request your free initial consultation by calling 1 (917) 338-7678 or sending us an online message today.