Content on this page requires a newer version of Adobe Flash Player.

Get Adobe Flash player


New York City Felony DWI DUI Defense Lawyer





Child Passenger Protection Act/Ignition Interlock Provision Fact Sheet

New York is one of 36 states in the nation with special child endangerment laws that impose tougher sanctions on individuals who place a child passenger at risk while driving under the influence of alcohol or drugs.
The Child Passenger Protection Act, known as Leandra’s Law, has been on the books since Dec. 18, 2009. Governor Paterson’s press release.
The law is named in memory of 11-year-old Leandra Rosado, who was killed when an SUV she and seven other children were riding in crashed on the Henry Hudson Parkway in Manhattan in October 2009. Leandra was the only person to die in the crash; her father championed the law. The driver of the SUV – the mother of a friend of Leandra’s – is facing a manslaughter charge.

The final Leandra’s Law provision takes effect Sunday, Aug. 15. Under the provision:
Courts must order all drivers convicted of misdemeanor and felony drunk driving charges – even first-time offenders and regardless of whether a child under 16 was in the vehicle at the time – to install and maintain ignition interlock devices on any vehicles they own or operate for at least six months at their own expense, in addition to any other terms of sentence.
New York will become one of 10 mandatory, first offender ignition interlock states when this provision takes effect.
An interlock device costs between $75 and $100 to install, coupled with a monthly fee ranging from $70 to $100.
Driving a vehicle without an interlock device after one has been ordered is a Class A misdemeanor, punishable by up to one year in jail.
And assisting someone in circumventing an interlock device – for example, blowing into the device while sober so the vehicle will start, allowing an intoxicated individual to drive – also is a Class A misdemeanor.

If you have been charged under Leandra's Law, you are very possibly facing jail time. Judges do not like to hear about children being placed in danger by an adult. Contact the Law Offices of Michael S. Discioarro, LLC T 917-519-8417 for a confidential consultation.