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Named for Manhattan Girl killed in DWI Crash, Leandra's Law Goes into Effect in NY

By Paul Napoli

December 17, 2009

The Child Passenger Protection Act, known as Leandra's Law in honor of 11-year-old Leandra Rosado, goes into effect tomorrow and makes driving drunk with a child in the car a felony.

The law was passed by the state Senate and signed by Gov. David A. Paterson on November 17, only about six weeks after the crash that claimed Leandra's life. Gov. Paterson and legislative sponsors called the law one of the toughest of its kind in the nation.

On October 11, Carmen Huertas drove her daughter and six other girls to a slumber party. Huertes was driving drunk and speeding when her car flipped on the Henry Hudson Parkway, ejecting Leandra Rosado from the vehicle and killing her. The six other girls and Huertas survived the crash.

Huertas reportedly played a guessing game with the girls, asking them to "raise their hands if they thought they would make it home without crashing."

The Manhattan district attorney's office has charged Huertas with manslaughter, vehicular manslaughter, operating a motor vehicle while under the influence of alcohol and assault.

Under Leandra's Law, first-time offenders with a blood alcohol content of at least .08 and/or under the influence of drugs, who drive with a child age under age 15 in the vehicle, will automatically have their drivers license suspended and may be charged with a Class E felony punishable up to four years in prison.

Intoxicated drivers may be charged with a Class C felony punishable up to 15 years in prison if a child is injured in a crash or a Class B felony and up to 25 years in prison if the crash kills a child.

It also mandates that every person sentenced for a misdemeanor DWI, or DWI-related penal law felony, install an interlock device. Such devices prevent intoxicated drivers from starting vehicles.

Parents caught driving while intoxicated will be reported to the Statewide Central Register of Child Abuse and Maltreatment.

"This is the right decision, not just for my daughter, but to prevent something like this from happening again," said Rosado. "We needed to send a strong message out there that it is not okay to have one, two, three drinks and get behind the wheel and take somebody's life and if you do, you will serve time," said Rosado.

If you, your child or loved one has been injured or your child or loved one killed in an auto accident, Napoli Bern Ripka LLP has the experience and knowledge needed to successfully handle your auto accident case. Contact us immediately after an auto accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one's wrongful death. Visit www.napolibern.com or call 1-888-529-4669 to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.

Originally posted at InjuryBoard by Paul Napoli

Full post as published by New York City Personal Injury Lawyer on December 20, 2009 (boomark / email).