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In November 2009, New York State passed the Child Passenger Protection Act, most commonly known as
Leandra’s Law, making it one of the toughest laws drunk drivers can face. The death of 11 year old Leandra
Rosado inspired the bill. She was killed while a passenger in the car of family friend, Carmen Huertas, who lost
control of her vehicle when she was intoxicated. Leandra’s law makes driving under the influence of alcohol,
drugs, or both while having a passenger 15 or under in the vehicle a first-time felony.
Leandra’s Law, making it one of the toughest laws drunk drivers can face. The death of 11 year old Leandra
Rosado inspired the bill. She was killed while a passenger in the car of family friend, Carmen Huertas, who lost
control of her vehicle when she was intoxicated. Leandra’s law makes driving under the influence of alcohol,
drugs, or both while having a passenger 15 or under in the vehicle a first-time felony.
Leandra’s Law…
• Class E felony: .08 BAC or greater with a child/ren age 15 or under in vehicle
o State prison sentence of one to four years
o Fine of 1,000 to 5,000 dollars
o Mandatory ignition interlock device
• Class D felony: Injury to the child/ren
o State prison sentence of one to seven years
o If reckless driving is a contributing factor; Class C felony with a maximum prison sentence of 15 years.
o Mandatory ignition interlock device
• Class C felony: Death of a child/ren
o Maximum prison sentence of 15 years
o If reckless driving is a contributing factor; Class B felony with a maximum prison sentence of 25 years.
o Mandatory ignition interlock device.
• Class E felony: .08 BAC or greater with a child/ren age 15 or under in vehicle
o State prison sentence of one to four years
o Fine of 1,000 to 5,000 dollars
o Mandatory ignition interlock device
• Class D felony: Injury to the child/ren
o State prison sentence of one to seven years
o If reckless driving is a contributing factor; Class C felony with a maximum prison sentence of 15 years.
o Mandatory ignition interlock device
• Class C felony: Death of a child/ren
o Maximum prison sentence of 15 years
o If reckless driving is a contributing factor; Class B felony with a maximum prison sentence of 25 years.
o Mandatory ignition interlock device.
Ignition Interlock Device
A provision of Leandra’s Law is the ignition interlock device. The ignition interlock device applies to anyone
who is convicted of a felony or misdemeanor DWI; including first time offenders (you do not have to have a
minor in the vehicle). If convicted of a DWI the courts must order the driver to have an ignition interlock device
installed in each vehicle he/she owns and operates for at least six months.
In order to start a car that has an ignition interlock device, you must blow into the device. If you have a blood
alcohol content greater then .02 the car will not start. When the vehicle is running the driver has to continue to
blow into the device every few minutes. This is to prevent someone else from starting the vehicle. The ignition
interlock device is equipped to record the number of times the automobile is started or attempted to be started
and the duration it is driven. It also records the operator’s Blood Alcohol Content (BAC) when attempting to
start the vehicle. Judges can decide to have a camera installed that will record each test and, in addition, can
also require a GPS device.
If you are required to have an ignition interlock device, you are on your own to find one and get it installed; the
courts do not help you find or install the device. In addition, you are required to pay the following fees…
• Installation cost: About $170 to $200
• Monthly monitoring fee: Between $60 to $80
A provision of Leandra’s Law is the ignition interlock device. The ignition interlock device applies to anyone
who is convicted of a felony or misdemeanor DWI; including first time offenders (you do not have to have a
minor in the vehicle). If convicted of a DWI the courts must order the driver to have an ignition interlock device
installed in each vehicle he/she owns and operates for at least six months.
In order to start a car that has an ignition interlock device, you must blow into the device. If you have a blood
alcohol content greater then .02 the car will not start. When the vehicle is running the driver has to continue to
blow into the device every few minutes. This is to prevent someone else from starting the vehicle. The ignition
interlock device is equipped to record the number of times the automobile is started or attempted to be started
and the duration it is driven. It also records the operator’s Blood Alcohol Content (BAC) when attempting to
start the vehicle. Judges can decide to have a camera installed that will record each test and, in addition, can
also require a GPS device.
If you are required to have an ignition interlock device, you are on your own to find one and get it installed; the
courts do not help you find or install the device. In addition, you are required to pay the following fees…
• Installation cost: About $170 to $200
• Monthly monitoring fee: Between $60 to $80
Jack Shea Bill
Governor David A. Paterson recently signed the Jack Shea Bill, allowing advance emergency medical
technicians and certified nurse practitioners to draw blood from someone suspected of driving under the
influence of alcohol or drugs. Nurses and technicians no longer need direct supervision from a physician.
This closes a loophole that has allowed guilty individuals not to be charged with DWI.
This bill comes after former Olympian, Jack Shea, was involved in a fatal car accident in 2002. Shea and the
motorist of the other vehicle were taken to Adirondack Medical Center (AMC). There was no doctor on duty
at AMC when the two arrived. A police officer, with the consent of the unknown driver, requested that an
advanced emergency medical technician draw blood from the motorist. The test revealed a 0.15 blood alcohol
content (BAC), which is almost twice the legal limit. The motorist was charged with vehicular manslaughter,
criminally negligent homicide, and driving while intoxicated. The charges were later dismissed because the
BAC was suppressed due to the blood being drawn by a technician without the supervision of a physician.
Governor David A. Paterson recently signed the Jack Shea Bill, allowing advance emergency medical
technicians and certified nurse practitioners to draw blood from someone suspected of driving under the
influence of alcohol or drugs. Nurses and technicians no longer need direct supervision from a physician.
This closes a loophole that has allowed guilty individuals not to be charged with DWI.
This bill comes after former Olympian, Jack Shea, was involved in a fatal car accident in 2002. Shea and the
motorist of the other vehicle were taken to Adirondack Medical Center (AMC). There was no doctor on duty
at AMC when the two arrived. A police officer, with the consent of the unknown driver, requested that an
advanced emergency medical technician draw blood from the motorist. The test revealed a 0.15 blood alcohol
content (BAC), which is almost twice the legal limit. The motorist was charged with vehicular manslaughter,
criminally negligent homicide, and driving while intoxicated. The charges were later dismissed because the
BAC was suppressed due to the blood being drawn by a technician without the supervision of a physician.
Sources:
Dilan. (2009, November 18). “Leandra’s Law” Passes in the Senate, Strengthening Penalties on Drunk Drivers Carrying Child
Passengers. Retrieved from http://www.nysentate.gov/print/25416
Fanelli. (2010, August 15). New State Law Requires DWI Convicts to Pass Breathalyzer Test Before Driving Car. Retrieved
from http://www.nydailynews.com/ny_local/2010/08/15/2010-08-15
Governor Paterson Signs “Jack Shea” Bill to Combat Drunk Driving. Retrieved from http://www.wktv.com/news/top-
stories/Governor-Paterson-signs-Jack-Shea-bill-to-combat-drunk-driving-98268739.html
Ignition Interlock. Retrieved from http://dpca.state.ny.us/ignition.htm
Lovett. (2009, November 18). Leandra’s Law Official: Driving Drunk with Child in Car Felony After Death of Leandra Rosado, 11.
Retrieved from http://www.nydailynews.com/news/ny_crime/2009/11/18/2009
New DWI Law: Ignition Interlock Device to Take Effect In Summer. Retrieved from http://www.wktv.com/news/local/70540642.html
Dilan. (2009, November 18). “Leandra’s Law” Passes in the Senate, Strengthening Penalties on Drunk Drivers Carrying Child
Passengers. Retrieved from http://www.nysentate.gov/print/25416
Fanelli. (2010, August 15). New State Law Requires DWI Convicts to Pass Breathalyzer Test Before Driving Car. Retrieved
from http://www.nydailynews.com/ny_local/2010/08/15/2010-08-15
Governor Paterson Signs “Jack Shea” Bill to Combat Drunk Driving. Retrieved from http://www.wktv.com/news/top-
stories/Governor-Paterson-signs-Jack-Shea-bill-to-combat-drunk-driving-98268739.html
Ignition Interlock. Retrieved from http://dpca.state.ny.us/ignition.htm
Lovett. (2009, November 18). Leandra’s Law Official: Driving Drunk with Child in Car Felony After Death of Leandra Rosado, 11.
Retrieved from http://www.nydailynews.com/news/ny_crime/2009/11/18/2009
New DWI Law: Ignition Interlock Device to Take Effect In Summer. Retrieved from http://www.wktv.com/news/local/70540642.html
