Depending on the circumstances of a specific case, some people who are arrested for suspected drunk driving in New York are charged with misdemeanors and others are charged with felonies. As such, the potential penalties may vary for the different charges related to driving while intoxicated. The existence of any previous DWI or DUI convictions may be one factor that affects the charge of a current situation.
A person who alleged to be driving while intoxicated with one or more minor children in the vehicle at the time can also face more severe charges. In 2009, a law called Leandra’s Law was passed making such actions noted as felonies. A woman from Long Island was recently arrested under this particular law after officers found her with her three children, all of whom are under the age of 10. Authorities are waiting for results of the blood alcohol test while the woman remains in jail on a $90,000 bond.
The 30-year old woman was driving an SUV with all three children inside when she reportedly ran into a telephone pole. After hitting the pole, the woman and children left the accident scene by foot and were discovered at a nearby shop by law enforcement authorities a short while later. The defendant has entered a not guilty plea against the felony aggravated DWI charge and her attorney insists she had not been drinking at the time of her arrest.
Stories like this one can showcase the complexities involved in drunk driving cases. Working with an experienced attorney as soon as possible after a DWI arrest can often give defendants a better chance for the right help against such charges.
Source: New York Post, “Mother arrested for driving drunk with her 3 young children,” Kirstan Conley, May 11, 2014