2010 promises to be a year of much stricter DWI enforcement, particularly on Westchester County roadways. In November of 2009, the New York State Legislature passed, and Governor Paterson signed, “Leandra’s Law”, named after Leandra Rosado, the 11 year old girl who was tragically killed in a drunk driving accident in October of 2009 while on her way home from a birthday party. Leandra’s Law makes it a felony for any operator of a motor vehicle to be driving while intoxicated with a child under the age of 16 in the vehicle. If convicted under Leandra’s Law, in addition to potential jail time for the felony DWI charges, the operator will be required to install an ignition interlock device in his or her vehicle by which the vehicle will only start after a breathalyzer detects no alcohol on the driver’s breath.

In Westchester County, the Board of Legislators enacted the Forfeiture Law, which is presently utilized in some form in twenty states in the United States. Under the Forfeiture Law, which will take effect on December 15, 2010, motorists convicted of any drunk driving offense on Westchester County roadways including the Bronx River Parkway, Cross County Parkway, Hutchinson River Parkway, and Saw Mill Parkway, will have their vehicles confiscated. Clearly, there is an open question as to how the County will store the vehicles that are confiscated in the enforcement of the Forfeiture Statute, and what the process will be for retrieving the confiscated vehicles by their owners. In New York City, there are significant fees which must be paid in the range of $2,500 before vehicles will be returned.

The Forfeiture law will also apply to motorists charged with “speed contests” or drag racing under the New York State Vehicle & Traffic Law. The forfeiture law will have a "hardship relief" provision, in which the defendant can avoid the forfeiture penalty if he or she can prove that confiscation would create substantial burdens on the defendant's ability to travel to and from work, school, or medical treatment. This "hardship” relief, if granted, would still require the installation of an ignition interlock in the car.

If you are charged with a DWI felony under Leandra’s Law, or are facing other serious criminal charges, the Westchester County Criminal Defense Lawyers at the Law Office of Mark A. Siesel are here to help you with experienced, knowledgeable and aggressive legal representation to fight the charges against you. We can be reached immediately by using our online form or by calling us toll free at 888-761-7633.