By Dave Lucas
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Albany, NY – This Friday, New York State will implement one of the toughest DWI laws in the nation. Capital District Bureau Chief Dave Lucas reports.
"Leandra's Law" was signed November 18th by Governor David Paterson. The legislation is named in memory of 11-year-old Leandra Rosado, the downstate girl killed in an October drunk-driving crash on the Henry Hudson Parkway. Lawmakers didn't need much persuasion: a wrong-way crash a few months earlier on the Taconic Parkway that saw the deaths of eight people, including several children, made national headlines.
In addition to criminal penalties, including a sentence of 25-years to life if a child is killed and up to 15 years in prison if a child is seriously injured. Individuals who are parents, guardians or custodians or otherwise legally responsible for a child and charged with DWI or impaired by drugs, would be reported to the state Child Abuse Registry. All drivers convicted of misdemeanor or felony DWI will be required to install a mandatory ignition interlock device in their vehicle for a minimum of six months. New York will join 12 other states with across-the-board mandatory interlock laws.
Warren County D-A Kate Hogan, president of New York State's District Attorneys Association, explains that Leandra's law makes it a felony to drive with a blood-alcohol level above the legal limit of 0.08 with minors in the car.
The legislation also requires the installation of ignition interlocks in vehicles for anyone convicted of drunk driving. Hogan pointed out that drunk-driving accidents dropped significantly in states that have mandated interlocks, which force drivers to blow into a device that tests for alcohol consumption before they can drive. Hogan says the driver must blow below a .045 or the vehicle won't start.
Carmen Huerta, whose blood-alcohol was 0.132 at the time of the crash that killed Leandra, was charged with driving while intoxicated and vehicular manslaughter. She pleaded not guilty at her arraignment in October. Leandra Rosado's father is advocating to get Leandra's Law passed nationally.