Man Arrested For Aggravated DWI Leandra’s Law In New York State

Police say they arrested a man in Greene County and charged him with driving while intoxicated with two children less than 16-years-old in the vehicle.

Leandra's Law is a New York state law that strengthens penalties for driving while intoxicated with a child in the vehicle. The law was named after 11-year-old Leandra Rosado, who was killed on the Henry Hudson Parkway in October 2009.

Rosenblum Law says that the only New York DWI offense for which a first-time offender is subject to a felony charge is “aggravated driving while intoxicated, with a child,” a class E felony defined as driving while intoxicated by alcohol or drugs with a child passenger aged fifteen years or younger.

Man Arrested For Aggravated DWI Leandra's Law In New York State 

New York State Police said in a press release that troopers arrested a 44-year-old man from Smithtown, at around 10:08 PM December 28.

See Also: Police Say New York State Man Drove Drunk, Crashed Three Times

State police say that on December 28, troopers out of Coxsackie conducted a traffic stop of a 2021 Cadillac Escalade in Windham for a traffic violation.  While interviewing the suspect, troopers say they smelled the strong odor of alcoholic beverage emanating from his breath.

The man submitted to field sobriety test which he subsequently failed and was placed under arrest without incident, says offcials.

New York State Police say that two children under the age of 16 were also located within the vehicle. The suspect refused chemical testing and was released with an appearance ticket, and is due back to the Town of Windham Court on February 12, 2025.