Your case matters. We commit our full resources and attention to a successful result.

Mandatory Ignition Interlocks for Drunk Drivers in New York

Leandra’s Law is one of the most aggressive drunk driving laws in the country. Persons may be charged more severely under the law if they have a child age 15 or younger in the vehicle while driving with a .08 blood alcohol content or greater. While mainly focused on protecting children, certain provisions of the law came into effect that apply to anyone convicted of a DWI.

Under the law that went into effect on August 15, anyone convicted of a DWI will need to have an ignition interlock device installed in their vehicle or vehicles for a minimum of six months, and judges have discretion to increase that amount of time if they feel it is necessary. This will apply even to first-time DWI offenses. It will apply to every DWI case going through the system from this point forward.

Drivers will be required to pay for installation of the devices. Tampering or having someone else start the vehicle will result in additional charges.

Leandra’s Law Also Makes DWI with Child in the Vehicle a Felony

In addition to the mandatory ignition interlocks under Leandra’s Law, severe penalties are now in place for anyone charged with drunk driving while they have children in their vehicles. If a child under the age of 16 is present, and a driver is found to be .08 or higher, they can be charged with a felony DWI, possibly resulting in four years of prison time. If a child suffers serious physical injury because of an intoxicated driver who is operating his or her vehicle recklessly, the punishment could increase to 15 years. DWI drivers who cause the death of a child under age 16 may face a Class B felony which carries a maximum sentence of 25 years in prison.

The law was a response to the death of Leandra Rosado. Rosado, 11, was a passenger along with six other girls in a car driven by Carmen Huertas. Huertas was intoxicated and had a serious car accident, which resulted in Rosado’s death. The accident occurred in October 2009, and legislators worked quickly to pass the law in November 2009. Huertas recently pleaded guilty to manslaughter and the 15 other counts she was facing. The law shows the seriousness of prosecutors in curbing DWIs across New York. If you or someone you know has been charged with a DWI, speak with an experienced attorney to learn about the potential options available for each situation.

Related Story:

Ignition Interlock Provision of Leandra’s Law Takes Effect August 15th in New York State 

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

Although this will impact the in office and in person services that LIT can provide, we will still be working remotely from our homes to serve our existing clients and we will continue to serve the public on a remote basis with any new legal matters for which they may need assistance.

We as a nation have overcome great obstacles in the past and although the challenges that lie ahead of us as community, as a state, and as a nation are great, we will overcome them as our resilience as individuals, as a community and as a nation will allow us to prevail.

May all of you and your loved ones be safe and well .

Larkin, Ingrassia & Tepermayster, LLP

Should you have any questions please feel free to contact us at 845-566-5345

For more information regarding the COVID-19 virus please visit any of the following sites:

Centers for Disease Control and Prevention

NYS Department of Health

Orange County Dept. of Health

Ulster County Dept. of Health

For information and updates regarding court postponements or closings please visit:

NYS Unified Court System

9th Judicial District

3rd Judicial District