A person charged with Leandra’s Law, Aggravated DWI – Child in Car; is alleged to have committed a DWI, DWAI Drugs, or DWAI Combined influence AND they are alleged to have done so while having a passenger in their vehicle who is 15 years old or less. This charge, even if it is a first offense, constitutes a felony. Sentences for someone convicted of this crime can vary depending on many different factors. Sentencing may include any combination of the following: a mandatory installation an ignition interlock device; a mandatory minimum of 1 year license revocation; a fine between $1,000 and $10,000; a court mandated surcharge; a 5 year term of probation, and/or up to a 7 years in State Prison.
Many District Attorneys’ Offices across New York State have plea bargaining policies which prohibit the reduction of any or most Aggravated DWI charges. Because of these policies, it is important to have counsel who is well versed in topics commonly litigated in DWI cases such as the traffic stop that resulted in the DWI charge, the proper or improper administration of field sobriety tests, chemical blood and breathe tests, and more.
Experienced counsel who are trained in these matters are able to identify potential “problems” that may exist in a case. This knowledge is vital when negotiating with prosecutors who are reluctant to diverge from established reduction policies or, if necessary, effectively represent clients at trials.
If you have been charged with an Aggravated DWI, Leandra’s Law, in New York State, contact us for a FREE case consultation.