New York DWI lawyer Rachel Kugel (https://thekugellawfirm.com/aggravated-driving-while-intoxicated-with-a-child-passenger-in-ny/) is drawing attention to one of the most serious drunk driving offenses in the state: aggravated driving while intoxicated with a child passenger. This charge, widely known as Leandra’s Law, was enacted to protect children and imposes felony-level consequences even for first-time offenders. Rachel Kugel of The Kugel Law Firm emphasizes that what may otherwise be considered a misdemeanor DWI is elevated to a life-altering felony when a minor is present in the vehicle.
A New York DWI lawyer plays a crucial role in helping defendants understand that aggravated DWI with a child passenger is not simply a traffic matter but a criminal charge carrying mandatory penalties. As Rachel Kugel explains, “Aggravated DWI with a child passenger is not simply a traffic violation; it is a felony-level charge that can lead to prison time, license revocation, and long-term personal and professional consequences”. This underscores how quickly a lapse in judgment can result in devastating legal and personal consequences.
Rachel Kugel, a New York DWI lawyer with over two decades of experience, explains that the law was enacted following the tragic death of 11-year-old Leandra Rosado in 2009. The Child Passenger Protection Act, passed only 38 days after the incident, made it a felony to drive while intoxicated with a child age 15 or younger in the vehicle. The law codified under New York Vehicle and Traffic Law § 1192(2-a)(b) makes even a first offense punishable as a Class E felony.
According to Rachel Kugel, aggravated DWI charges require the prosecution to prove three critical elements: that the defendant operated a motor vehicle, was intoxicated or impaired under existing DWI or DWAI laws, and had a passenger under 16 present. Importantly, “operation” under New York law can include sitting in the driver’s seat with the engine running, even if the vehicle is not in motion. This broad interpretation significantly increases the likelihood of facing charges.
The consequences of conviction are severe. A Class E felony conviction can result in up to four years in prison, fines ranging from $1,000 to $5,000, probation, mandatory license revocation, and additional court fees. If a child is injured, the charge escalates to a Class C felony, carrying up to 15 years in prison. In cases where a child dies, it becomes a Class B felony with potential imprisonment of up to 25 years.
Beyond the courtroom, Rachel Kugel notes that defendants face collateral consequences that may be more lasting than the criminal sentence itself. A felony record affects employment opportunities, housing applications, and professional licenses. Parents charged under Leandra’s Law also face mandatory investigations by child protective services, which can result in custody changes, supervised visitation, or loss of parental rights.
Leandra’s Law also requires the installation of ignition interlock devices for all DWI convictions, not just those involving children. Drivers must cover all installation and maintenance costs, and tampering with the device is a separate criminal offense. This provision was designed to prevent repeat offenses and serves as a constant reminder of the risks associated with impaired driving.
Rachel Kugel of The Kugel Law Firm underscores the importance of swift legal action for anyone facing aggravated DWI charges. These cases involve not only criminal penalties but also long-term impacts on family, reputation, and professional life. With extensive experience in DWI defense across New York and New Jersey, Rachel Kugel has been recognized by legal organizations and has appeared as a legal analyst on major news networks, including CNN, FOX News, CourtTV, MSNBC, and HLN.
The seriousness of aggravated DWI with a child passenger cannot be overstated. Rachel Kugel highlights that the automatic felony classification and mandatory penalties leave little room for leniency, making an effective defense critical. The Kugel Law Firm advocates for clients navigating these high-stakes cases, offering legal strategies to protect their rights and futures.
Facing a charge of aggravated DWI with a child passenger in New York carries consequences that extend far beyond the courtroom. Legal guidance from an experienced attorney like Rachel Kugel is an essential step in protecting one’s future, family, and professional standing. Those accused of such charges should seek immediate legal counsel rather than risk the harsh and lasting penalties imposed under Leandra’s Law.
About The Kugel Law Firm:
The Kugel Law Firm, founded by Rachel Kugel, represents clients across New York and New Jersey facing DWI and DUI charges. With a reputation for compassionate representation and strategic defense, the firm is dedicated to helping individuals protect their rights, licenses, and futures when facing alcohol and drug-related driving offenses.
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