This blog has previously discussed the application of New York’s “Child Passenger Protection Act, or, as it is commonly called, Leandra’s Law. Under the statute, a person who is charged with drunk driving is automatically charged with a felony if children under the age of 15 are in the vehicle while the driver is intoxicated.…

Under New York law, any driving offense involving impairment caused by alcohol or drugs is a serious offense. An accident that involves such impairment and the death of an individual can subject the driver to charges of committing a serious felony, such as vehicular homicide or aggravated vehicular homicide. A recent fatality in Putnam County…

In New York, a person who operates a motor vehicle while intoxicated and with children under the age of 16 in the car can be charged with aggravated DWI under a statute known as Leandra’s Law. This law, which has been discussed in detail in earlier blogs, increases the penalties for drinking and driving if…

Most New Yorkers know two things about being stopped on suspicion of drinking and driving: The police will ask the driver to take a breathalyzer test to determine his (or hers) blood alcohol content (“BAC”), and the legal limit for intoxication for persons over 21 years of age is a BAC of 0.08{e7aaffd771c1d72ed73aa4f2b2654701d87584ba154d7edc68255dac3d0c1e84}. But these…