Today I wanted to let you know about a new and very important change in New York State Law amending the law currently known as "Leandra's Law" or the Child Passenger Protection Act.
As you should be aware, Leandra's Law imposed strict penalties on the operation of a vehicle with children in the car while intoxicated. It mandated that an ignition interlock device, or IID, be installed in the vehicle of anyone convicted of driving while intoxicated. Furthermore, if a person is convicted under the law, they will be reported to The Statewide Central Registry of Child Abuse and Mistreatment.
Recently, Governor Cuomo signed legislation to make Leandra's Law even tougher. The new law makes it a class "E" felony to drive intoxicated on a conditional license rather than just a traffic infraction, which is not a crime. Driving while intoxicated with a revoked license will remain a felony.
The law also limits the circumstances when Court can waive the installation of the IID. Now the installation can only be waived when the person swears under oath they are not the owner of any motor vehicle and will not drive during the period of the interlock restriction. If the person lies under oath, it is considered perjury, which is a felony.
Obviously, every driver should drive safely and responsibly, but contact an experienced DUI attorney in the event that you are charged with a DWI or any traffic offense.
Kevin P. McKernan is a member of the National College of DWI Attorneys.
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