Leandra’s Law is one of the most impactful pieces of legislation in New York aimed at reducing drunk driving incidents involving children. New York DWI attorney Rachel Kugel (https://thekugellawfirm.com/what-is-leandras-law-in-new-york/) has shed light on the origins of this law and the life-changing penalties that accompany a conviction. Her discussion highlights why every driver should understand the weight of charges under this statute.
Rachel Kugel explains that Leandra’s Law, formally known as the Child Passenger Protection Act, was enacted in 2009 following the tragic death of 11-year-old Leandra Rosado. The law makes it a felony to operate a motor vehicle under the influence of alcohol with a passenger under the age of sixteen. According to Rachel Kugel, the statute changed the way impaired driving is prosecuted in the state, creating strict penalties that can alter the future of anyone charged under it. For those facing charges, representation from a New York DWI attorney is critical to navigate the system and fight for a fair outcome.
At The Kugel Law Firm, Rachel Kugel points out that the consequences of being convicted under Leandra’s Law reach far beyond a traffic ticket or a short license suspension. A felony conviction carries years of potential prison time, steep fines, and the mandatory installation of an ignition interlock device. Rachel Kugel stresses that the impact can ripple through every part of life, from professional opportunities to family relationships. This makes the role of a New York DWI attorney vital when someone is accused under this law.
The law was passed after the devastating crash caused by Carmen Huertas, who was driving under the influence with multiple children in her vehicle, resulting in Leandra’s death. Rachel Kugel explains that this event caused an immediate public outcry that pushed lawmakers to respond with a statute designed to prevent future tragedies. “The stakes are high. A conviction can lead to life-altering consequences, including a permanent criminal record, license suspension, and significant financial burdens,” said Rachel Kugel.
The penalties outlined in Leandra’s Law are severe. Rachel Kugel details that even a first offense with a child passenger under the age of fifteen is automatically a Class E felony, carrying up to four years in prison and fines reaching $5,000. More serious outcomes, such as injury or death to a child, escalate the charges to higher felony classes, with sentences that may extend up to twenty-five years. Rachel Kugel notes that penalties are also harsher for repeat offenders or drivers with an exceptionally high blood alcohol content.
In addition to criminal consequences, Rachel Kugel explains that those convicted are required to install an ignition interlock device in their vehicles. This device requires the driver to pass a breath test before the car will start. While this allows for limited driving privileges, it comes at a financial and personal cost. Drivers must pay for installation and ongoing monitoring, and the presence of the device can carry a lasting stigma. Rachel Kugel emphasizes that for many, this requirement disrupts daily responsibilities and even employment.
Another serious impact of Leandra’s Law lies in its effect on parents. If the arrested driver is the parent or legal guardian of the child in the vehicle, the incident must be reported to the Statewide Central Register of Child Abuse and Maltreatment. Rachel Kugel explains that this can trigger investigations by Child Protective Services and lead to custody disputes, supervised visitation, or restrictions on parental rights. Even if the criminal charges are reduced or dismissed, the family court may continue to pursue action.
Rachel Kugel urges individuals facing charges under this law to act quickly. She highlights the importance of challenging every detail of the prosecution’s case, from the accuracy of testing devices to the procedures followed during the arrest. With the help of The Kugel Law Firm, defendants can pursue defenses aimed at reducing or even dismissing the charges. According to Rachel Kugel, the early stages of a case often shape its outcome, making swift legal representation crucial.
The discussion by Rachel Kugel makes it clear that Leandra’s Law is more than just another statute on the books. It is a law designed to deter impaired driving, protect children, and impose life-altering consequences on those found guilty. For anyone accused under this law, the right defense strategy is the only path to safeguarding freedom and future opportunities.
Rachel Kugel and The Kugel Law Firm remain committed to protecting the rights of those charged under Leandra’s Law. Facing a felony accusation is overwhelming, but Rachel Kugel explains that a strong defense can make the difference between conviction and a second chance.
Those impacted by accusations under Leandra’s Law are encouraged to seek immediate legal representation. Rachel Kugel’s guidance provides an opportunity to understand available options and take decisive action. Contact The Kugel Law Firm to begin building a defense that protects both present circumstances and long-term goals.
About The Kugel Law Firm:
The Kugel Law Firm, led by attorney Rachel Kugel, provides representation for individuals facing DWI charges and related legal matters in New York. With a focus on defending rights and guiding clients through difficult times, the firm works to achieve outcomes that allow individuals to move forward with their lives.
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