Last week we discussed STOP DWI’s efforts to crackdown on drunk drivers over the Memorial Day Weekend. One shocking arrest from the weekend was a Bronx man who was driving a car filled with several passengers, three of whom were children. According to CBS New York, Ernesto Lezama is “accused of driving while intoxicated.” Two of the children were eleven years old and the other fourteen.
The man is being charged with: “three counts of endangering the welfare of a child; aggravated driving while intoxicated with a child passenger; and one count of driving while intoxicated.”
The Charges Broken Down
Endangering the Welfare of a Child:
Endangering the welfare of a child is a misdemeanor charge. The man will be charged with three separate counts, one for each child passenger.
Aggravated DWI with a child less than 15 years of age in vehicle-AKA Leandra’s Law:
Violation of Leandra’s law is a Class E Felony offense, even if the motorist has no prior convictions. Additionally, violating this law carries a hefty punishment of up to four years in prison for first time offenders if the child is 15 years of younger, with a fine up to $5000, and an 18 month minimum license revocation. If that child dies the prison sentence can be up to 25 years and up to 15 years if that child suffers a serious physical injury. There is no indication that in this case any of the children who were passengers were killed or injured. Additionally, first time violators of Leandra’s law are likely to be ordered to install and maintain an interlock device system in their vehicle for at least six months.
Driving While Intoxicated:
Depending on the blood alcohol content of the man being charged with a New York DWI the charges and penalties may vary. Regardless the type of DWI, whether it is a “per se” DWI or an aggravated DWI, both charges can result in criminal and or administrative penalties. A “per se” DWI occurs when the driver has a blood alcohol content of 0.08% or higher or other evidence of intoxication, an aggravated DWI is a blood alcohol content of 0.18% or higher. A “Per Se’ DWI penalties carry with it a misdemeanor charge, possibility of one year in jail, maximum fine of $1000, 6 month license suspension, and possible installation and maintenance of an ignition interlock device for up to one year.
Speaking with an Attorney
If you received a DWI in New York over Memorial Day Weekend, the Attorneys at Nave DWI Defense Attorneys are here to help you. We are DWI defense attorneys, whose sole focus is DWI defense. We are experienced and knowledgeable in all types of DWI charges, and can help provide you answer to the questions you seek.
The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.