Learn About Leandra’s Law and Why You Need To Install and Maintain an IID When Charged Under the Law
After an 11-year-old girl, Leandra Rosado, died in an accident caused by a drunk driver, Leandra’s Law took effect. Leandra’s Law is also known as the Child Passenger Protection Act. For a driver to be charged under this Law, they must be drunk and have with them in the vehicle a passenger younger than sixteen years.
Those convicted under this Child Passenger Protection Act for driving while intoxicated face strict penalties. Under the Law;
- an offender convicted for driving while intoxicated for the first time, with a passenger under 16 years, is charged with a Class E felony. Such a felony, according to the Child Passenger Protection Act, is punishable by up to 4 years in prison.
- individuals convicted of driving while intoxicated and who cause injuries to passengers under sixteen could remain behind bars for up to fifteen years.
- a driver found guilty of driving with a BAC of over 0.08, with a passenger younger than 16 years, automatically has their license suspended.
- anyone convicted for driving while intoxicated or for aggravated driving must install and maintain an IID in their vehicle.
The fact that a driver charged under Leandra’s Law is not allowed to operate a vehicle without having an IID in the vehicle means that the Law not only strives to keep young passengers safe but everyone in general.
Know What an IID Is and What It Does
An IID is a device that connects to a vehicle’s ignition system. Once connected, the device measures a person’s breath alcohol level anytime they want to start the vehicle. An individual provides the device with a deep lung breath sample to measure alcohol content. An IID will not allow a vehicle to start if the breath alcohol content exceeds the device’s calibrated setting.
Ignition interlock devices do not only work when a driver wants to start a vehicle. These devices also do retests throughout a driver’s trip when the vehicle is running to ensure that drivers remain alcohol-free.
Many have tried to use tricks, but that only leads to more trouble for individuals when the authorities catch up with them. For example, some drunk drivers have other alcohol-free individuals blow into the device.
Why Convicted Individuals Should Install and Maintain an IID in Their Vehicles
After being charged under Leandra’s Law, drivers should install and maintain an IID in all the vehicles they operate because failure to obey court orders bears hefty consequences.
A convicted individual, who chooses to operate a vehicle without installing an ignition interlock device, commits a Class A misdemeanor. An individual who helps another operate a vehicle without an IID, going against a court order, also commits a Class A misdemeanor. The offense carries with it a prison term of up to one year.
If You Have any Questions About Leandra’s Law or Need Help With Your Case, Contact a Qualified NYC Attorney.
When charged under this Child Passenger Protection Act, you risk facing grave consequences. To learn more about the Act or to get assistance with your case, call dedicated NYC DUI/DWUI/DWAI attorney Mark I. Cohen., Esq. at 212-732-0002 today.