Leandra's Law, also known as the Child Passenger Protection Act is named after Leandra Rosado, an 11 year old girl who was killed on the Henry Hudson Parkway in New York City when her friends mother was involved in a motor vehicle accident while allegedly under the influence of alcohol. This educational video on Leandra's Law was provided by Drew Fritsch, an experienced Buffalo Leandra's Law Attorney.
- Leandra's Law exerts a dramatic influence on all DWI cases because it reduced the breath alcohol limit from .10 to .08.
- Its other major impact was to raise the charge to a felony if the DWI arrest occurs when an individual 15 years of age or younger is in the vehicle – even for a first DWI.
- It is very important to hire an attorney who stays up to date with all changes in Leandra's Law.
How much will an attorney charge me for a DWI defense?
An attorney's fees will depend upon the particulars of the case. Were there accidents, injuries, or deaths involved? Is this your first DWI-related charge? Were you charged with an Aggravated DWI? Other things, like any motions your attorney has to file, or whether you resolve the case in a trial or in a plea agreement, will impact the cost. A consultation, however, should be free.
How long does a DWI case take to be resolved?
A DWI case might be resolved in as little as one month, or as long as nine to 10 months. Most cases, however, wrap up in three to six months. This time frame allows your lawyer to file motions on your behalf, work out a plea bargain is possible, and take the case to trial if necessary.
Will I go to jail for a DWI?
This depends on the circumstances of your case. If the DWI is your first offense, it's unlikely that you'll go to jail. However, a judge may be more inclined to impose jail sentences in cases involving:
- A very high BAC reading
- An accident
- A child 15 or younger in the car
How long will a DWI stay on my record?
In New York State, a DWI conviction will stay on your record permanently, and cannot be expunged or sealed. A conviction for DWAI, DWI, or refusing a breath test can impact one's driver's license for 25 years – if, for example, you find yourself with multiple offenses and reapplying for a revoked license, the DMV may deny you, delay your request, relicense you with a problem driver restriction, or require you to submit proof of rehabilitation.
What are the long and short term effects of a DWI on my license?
New York State suspends the license of any individual charged with DWI pending prosecution, but an attorney can help you get a “hardship license.” A hardship license will allow you to drive to and from work, medical appointments, or school if you are a student. An attorney may also be able to help you get a conditional license after 30 days, allowing you to drive to work, school, and medical appointments, as well as allowing you three consecutive hours of leisure driving at a set time each week.
BUFFALO LEANDRA'S LAW ATTORNEY
Did you or a loved one get charged with a DWI under Leandra's Law? This is a serious matter, don't plead guilty until you know all of your options.
Contact Drew Fritsch, an experienced DWI Attorney in Buffalo NY to defend your driving record and protect your future. We offer free consultations and have achieved positive outcomes for countless clients.