Glenn R. Bruno, Esq.
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Woman faces felony DUI charge under Leandra's Law

An arrest for alleged drunk driving is not something that should be taken lightly. If the authorities allege aggravating circumstances, as might be allowed under the provisions of New York's Leandra's Law, the implications become even more serious. Consulting with an attorney is recommended in either case to be sure you know your rights.

As readers may know, Leandra's Law was passed in 2009. Named for a child who was killed while riding in a car driven by a drunk driver, the law makes it possible for authorities to charge a person with felony driving under the influence if there is a child under the age of 15 in the vehicle. The charge can be brought even if the incident represents a first-time DUI offense allegation.

Penalties for a conviction on such a charge can be very harsh. There is, of course, the suspension of one's driver's license. That can be for a year. Fines can run into the thousands of dollars and there's a possibility of jail time, as well.

This surely is on the mind of one Pleasantville woman right now. Authorities arrested the woman late last month at around 3:30 in the morning. She allegedly was drunk and had a child under 15 with her in the vehicle.

The report about the incident doesn't say how old the child might have been. Nor does it indicate whether and how authorities attempted to establish the woman's possible blood alcohol content. The exercise of Leandra's Law, though, suggests they suspected her BAC to have been at or above the 0.08 percent legal limit.

At last word, the woman was being held pending the posting of a cash bail.

Source: Hudson Valley Reporter, "State Police Say Pleasantville Woman Drove Drunk with Child in the Car," Feb. 28, 2014

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