What Is Leandra's Law and How Does It Affect DWI Charges? - Jason Bassett
Note sull'episodio
From Law Offices of Jason Bassett, P.C. - What Is Leandra's Law and How Does It Affect DWI Charges? breaks down how New York’s Child Passenger Protection Act transformed DWI enforcement by elevating certain offenses to felonies and mandating ignition interlock devices. Centered on Leandra's Law, the episode explores its origins following the tragic death of Leandra Rosado on the Henry Hudson Parkway in New York City, and how Governor David Paterson’s 2009 legislation reshaped Vehicle and Traffic Law § 1192.
Listeners are guided through who can be charged under VTL § 1192(2-a)(b), including drivers in Suffolk County and across New York facing felony aggravated DWI for having a child age 15 or younger in the vehicle. The discussion highlights how even first-time offenders—regardless of BAC level or relationship to the child—can face serious criminal exposure, with cases often moving between Suffolk County District Court and County Court.
The episode also examines the steep penalties tied to Leandra's Law, from Class E felony charges to more severe Class B and C felonies when injury or death occurs. It explains the long-term consequences, including prison time, fines, license revocation, ignition interlock requirements enforced by the New York State Department of Motor Vehicles, and the impact of a permanent record—even in light of the Clean Slate Act. The role of Child Protective Services and mandatory reporting to the Statewide Central Register is also unpacked, especially for parents and guardians.
Finally, Jason Bassett shares insights from his background as a former Assistant District Attorney and Special Assistant Attorney General, outlining common defense strategies such as challenging traffic stops, BAC evidence, and field sobriety tests. The episode walks through how Suffolk County courts handle these cases—from arraignment at Cohalan Court Complex to grand jury proceedings—and emphasizes the importance of early legal action when facing DWI charges under Leandra’s Law.
Law Offices of Jason Bassett, P.C.
320 Carleton Ave # 4200, Central Islip, NY 11722, United States
(631) 259-6060