Leandra's Law (Child Passenger Protection Act) is a New York State law making it an automatic felony on the first offense to drive drunk with a person age 15 or younger inside the vehicle, and setting the blood alcohol content, or BAC, at 0.08. The bill was unanimously passed by the New York State Assembly and the New York State Senate and then signed into law by Governor David Paterson on November 18, 2009. [1]
Leandra Rosado, an 11-year-old girl, was killed on the Henry Hudson Parkway in New York City on October 11, 2009 when her friend's mother, Carmen Huertas, lost control of the car they were in while allegedly under the influence of alcohol. The car, driving 68 miles per hour in a 50 mile per hour zone, flipped over on the highway [2] Six other children were also injured during the incident. Huertas pled guilty to all charges filed against her and was sentenced to four to twelve years in prison on October 29, 2010. [3]
Pursuant to New York Vehicle Traffic Law Section 1192 2-a(b), any person operating a motor vehicle while intoxicated and transporting a child is guilty of a Class E Felony. [4] In the event that reckless driving and death or serious physical injury is a factor, an individual is guilty of a class D felony. Defendants convicted under the new law face a prison sentence of up to four years and a fine of $1000–$5000. The installation of a mandatory ignition interlock device for a term of at least six months is also an expected provision of sentencing (mandatory for all DWI offenses committed after August 15, 2010). [2] Moreover, licenses are automatically suspended pending prosecution and once proven guilty, the person will be reported to the Statewide Central Register of Child Abuse and Maltreatment and his/her license will be suspended for a minimum of twelve months. [5] First time and repeat offenders are charged with an E level felony, regardless of criminal record.
Drunk driving is the act of operating a motor vehicle with the operator's ability to do so impaired as a result of alcohol consumption, or with a blood alcohol level in excess of the legal limit. For drivers 21 years or older, driving with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. For drivers under 21 years old, the legal limit is lower, with state limits ranging from 0.00 to 0.02. Lower BAC limits apply when operating boats, airplanes, or commercial vehicles. Among other names, the criminal offense of drunk driving may be called driving under the influence (DUI), driving while intoxicated or impaired (DWI), operating [a] vehicle under the influence of alcohol (OVI), or operating while impaired (OWI).
Driving under the influence is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs, to a level that renders the driver incapable of operating a motor vehicle safely. Multiple other terms are used for the offense in various jurisdictions.
Vehicular homicide is a crime that involves the death of a person other than the driver as a result of either criminally negligent or murderous operation of a motor vehicle.
Mothers Against Drunk Driving (MADD) is a non-profit organization in the United States, Canada and Brazil that seeks to stop drunk driving, support those affected by drunk driving, prevent underage drinking, and strive for stricter impaired driving policy, whether that impairment is caused by alcohol or any other drug. The Irving, Texas-based organization was founded on September 5, 1980, in California by Candace Lightner after her 13-year-old daughter, Cari, was killed by a drunk driver. There is at least one MADD office in every state of the United States and at least one in each province of Canada. These offices offer victim services and many resources involving alcohol safety. MADD has claimed that drunk driving has been reduced by half since its founding.
An ignition interlock device or breath alcohol ignition interlock device is a breathalyzer for an individual's vehicle. It requires the driver to blow into a mouthpiece on the device before starting or continuing to operate the vehicle. If the resultant breath-alcohol concentration analyzed result is greater than the programmed blood alcohol concentration, the device prevents the engine from being started. The interlock device is located inside the vehicle, near the driver’s seat, and is directly connected to the engine’s ignition system. It is a form of electronic monitoring.
Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in some countries rated to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually require an obvious display of intoxicated incompetence or behavior which disrupts public order before the charge is levied.
The American Beverage Institute is a trade group based in Washington, D.C. that lobbies on alcoholic drink related issues on behalf of the restaurant industry. It describes itself as "dedicated to protecting the on-premises dining experience - which often includes the responsible consumption of adult beverages." ABI was set up in 1991 by Richard Berman, executive director of the public affairs firm Berman and Company.
DWI courts are a form of court that exists in some United States legal jurisdictions, that use substance-abuse interventions and treatment with defendants who plead guilty of driving while intoxicated or impaired. DUI courts may focus on repeat offenders and drivers with very high levels of blood alcohol at the time of the offense. As of December 2011, there were approximately 192 designated DUI courts in the United States, and approximately 406 drug courts that also accept DUI offenders.
Charles J. Fuschillo Jr. is a former Republican member of the New York State Senate from Long Island. From 1998 to 2013, he represented the 8th State Senate district, which spans several South Shore communities in both Nassau and Suffolk Counties. The district currently includes the communities of Wantagh, Merrick, Bellmore, Massapequa Park, Freeport, Roosevelt, Seaford, Amityville, and Copiague, as well as parts of Massapequa, Farmingdale, Baldwin, Lindenhurst, West Babylon, Wheatley Heights, and Wyandanch. Senator Fuschillo resigned from the New York State Senate on December 31, 2013 to serve as the President and CEO of the Alzheimer's Foundation of America.
The U.S. state of Maryland has various policies regarding the production, sale, and use of different classes and kinds of drugs.
Alcohol laws of New York are a set of laws specific to manufacturing, purchasing, serving, selling, and consuming alcohol in the state of New York. Combined with federal and local laws, as well as vendor policies, alcohol laws of New York determine the state's legal drinking age, the driving under the influence limit, liquor license requirements, server training, and more.
The 2009 Taconic State Parkway crash was a traffic collision that occurred shortly after 1:30 p.m. on Sunday, July 26, 2009, on the Taconic State Parkway in the town of Mount Pleasant, near the village of Briarcliff Manor, New York, United States. Eight people were killed when a minivan, being driven by 36-year-old Diane Schuler, traveled 1.7 miles (2.7 km) in the wrong direction on the parkway and collided head-on with an oncoming SUV. Schuler, her daughter and three nieces, and the three passengers in the oncoming SUV were killed. The crash was the worst fatal motor vehicle crash to occur in Westchester County since July 22, 1934, when a bus crash in Ossining claimed twenty lives.
The laws of driving under the influence vary between countries. One difference is the acceptable limit of blood alcohol content before a person is charged with a crime.
In October 2009, Dennis LeRoy Anderson of Proctor, Minnesota, received widespread media attention for being arrested in a DWI case involving a motorized recliner. Riding a recliner which he had earlier fitted with a lawnmower engine, he crashed into a car after leaving a local bar, where he had drunk a number of beer. He was convicted and the chair was confiscated by the police, who auctioned it off on Do-Bid.com for $3,700. Though widely reported to be a La-Z-Boy, the chair was unbranded.
Joseph Gray is a former New York City Police Department officer who killed four pedestrians, on August 4, 2001 while driving drunk in Brooklyn. The event "mushroomed into scandal" when it was discovered that other officers were drinking with Gray in a topless bar and earlier at a precinct parking lot before the incident. Five officers were suspended and five were transferred, including the precinct's commanding officer, executive officer and integrity control officer. The two officers who were on probation at the time were ultimately dismissed.
Drunk driving is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash.
Monica Christina Youngblood is an American politician and a former member of the New Mexico House of Representatives. She represented District 68 from January 15, 2013 to January 15, 2019.
Intoxalock is the primary DBA of Consumer Safety Technology, LLC, which developed technology used by ignition interlock devices, which are breathalyzers installed in vehicles. They are based in Des Moines, Iowa, United States. The devices are meant to deter people from driving while intoxicated, and are often mandated by courts of law for people who have DUI or DWI offenses.
Driving under the influence (DUI) occurs when a person operates a motor vehicle while under the influence of drugs or alcohol, or when the driver has a blood alcohol level of 0.08 or greater. Minors and young adults aged 18–20 can be charged with impaired driving based on blood alcohol levels of 0.01 or higher, and CDL license holders can be charged based upon blood alcohol levels of 0.04 or higher.
Mary Cavanagh is an American politician serving as a Democratic Party member of the Michigan Senate from the 6th district. She assumed office on January 1, 2023.