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Drunk Driving with a Minor in the Car – A Big No-No in New York

Field sobriety testNew York’s drunk driving laws are becoming tougher on those caught behind the wheel.  If it is a first time offense and the driver is found under the influence with a minor in the vehicle (ages 15 and under) it is a felony.  Initially it will entail license suspension, an ignition interlock device, and can warrant up to four years in prison.  If the child is injured the driver can receive up to 15 years in prison.  If there is a death, the driver can receive up to 25 years in prison.

The new law was spearheaded by Lenny Rosado, a father who lost his daughter to drunk driving.  His daughter and six of her friends were carpooling to a slumber party.  Carmen Huertas, the driver, was drinking before driving the girls to the slumber party.  Authorities said she asked them to play a game involving the girls guessing whether or not they thought they would make it home without crashing.  The car flipped over on the Henry Hudson Parkway and all survived expect, Leandra Rosado.  Mr. Rosado was so distraught by the recklessness of Huertas and was moved to action passing the Leandra Law.  He passed this law to ensure protection for future minors who may be put in reckless situations.

If you have any questions regarding a drunk driving charge, or need to speak to a lawyer for defense please contact: Michael Palumbo at Law Offices of Michael J. Palumbo and Mark Kosofsky to represent you: by phone: 914-777-2990 or