DWI with kids now a felony

In an emotional ceremony in Albany on Nov. 18, Gov. David Paterson signed the Child Protection Act of 2009, also known as Leandra’s Law.

The measure makes it a felony to drive under the influence of alcohol or drugs with a child as a passenger. Violators can be sentenced to up to four years in prison. Previously, they would have been charged with a misdemeanor.

The law, authored by state Sen. Charles Fuschillo Jr., a Republican from Merrick, Sen. Martin Dilan, a Democrat from Brooklyn, and Assemblyman Harvey Weisenberg, a Democrat from Long Beach, was named for 11-year-old Leandra Rosado, who was killed last month while in a car with a woman who police say was driving drunk. Under the new law, drunk drivers who are responsible for the deaths of child passengers will face up to 25 years in prison, and those who seriously injure children riding with them will face up to 15 years.

Leandra’s Law also requires convicted DWI offenders to have ignition interlock devices installed in their cars. The devices analyze a driver’s breath for alcohol and prevent anyone who is drunk from turning on the engine.

“I’m extremely pleased that the Legislature has finally passed my legislation,” Fuschillo said. “In the state’s fight against drunk driving, this new law is critical.”

Leandra died in a crash on the Henry Hudson Parkway while riding in a car driven by 31-year-old Carmen Huertas, the mother of one of her friends, who was driving drunk, according to authorities. Huertas was reportedly taking a group of six girls to a slumber party.

Fuschillo said that Leandra’s father, Lenny Rosado, attended the bill signing, at which he grew emotional.

“There is no plea bargaining in regard to this law,” Weisenberg said. “I made a commitment as a former police officer and chair of the [Assembly’s] Drug and Alcohol Committee to a family that was really impacted that I would do everything and anything to pass the most restrictive [DWI] laws.”

Nassau County District Attorney Kathleen Rice has been an outspoken proponent of the Child Protection Act, which was first proposed in April. “When in the car with a drunk driver, children are essentially hostages,” Rice said. “They cannot get out of the car or take the keys away. With Leandra’s Law, they now have a voice. I am extremely proud to see New York continue to lead the nation in the fight against drunk driving with this common-sense piece of legislation.”

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