New York DWI Lawyer Blog

A recent New York DWI case in Port Chester highlights the significance of Leandra's Law, which was enacted by the New York State Legislature in November of 2009. Under Leandra's Law, also known as the Child Passenger Protection Act, a motorist with a blood alcohol content (BAC) of 0.08 or above, or under the influence of drugs, with children under age 16 in the vehicle, is automatically charged with a felony, even if it is his or her first DWI charge. The law was named after Leandra Rosado, who was killed last October in New York City when her friend's mother overturned her car while intoxicated. Several other children were also injured in that accident.

This week, Port Chester resident Marcos Venegas was charged with six counts of felony DWI when he was stopped by police with 6 children under the age of 16 in his car. Apparently, Mr. Venegas had to pull over when one of his passenger became sick, and the police claim that when they investigated Mr. Venegas smelled of alcohol and was found to have a blood alcohol content above 0.08. Venegas was released on $1,000 bail and is due back in Court in mid June.

Leandra's Law contains very stiff penalties: A conviction without any injuries results in a class E felony punishable by up to 4 years in prison. If a child passenger is injured, the motorist may be charged with a Class C felony and face a maximum prison sentence of 15 years. If a child is killed, the driver can be charged with a Class B felony punishable by up to 25 years in prison.

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On April 25, 2010, police in upstate Oneida County arrested a 20 year old Bedford resident for a New York drunk driving charge while he was supposedly driving at 153 mph. The driver, Shane Crolick, was reported to have been driving a 2005 Dodge Neon with three other people in the vehicle when he was chased by a trooper and eventually crashed his vehicle into a guardrail. Fortunately, no one was injured in the incident.

According to Terence Corcoran of Lohud.com, more than 100,000 drivers were convicted of speeding on Lower Hudson Valley roadways from '06-'07 and about 450 were convicted of operating their vehicles in excess of 100 miles per hour.

Mr. Crolick is charged with Driving While Intoxicated (Blood alcohol level above 0.08 percent), reckless driving and unlawful flight (for attempting to avoid arrest), which are all misdemeanors under New York State law. He was released on $5,000 bail. If Mr. Crolick has no prior DWI's and speeding tickets, he may be able to obtain a reduced plea to a DWAI, or Driving While Ability Impaired, which would then allow him to avoid a criminal record, as a DWAI is a traffic infraction, not a crime such as a DWI. However, due to the charge of operating at such a high speed under the Vehicle & Traffic Law, there is a question as to whether the local prosecutor would be willing to reduce the charges. We will attempt to follow the outcome of this case.

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