Senator Dilan Introduces Two Measures Strengthening Case for Tougher Penalties on Drunk Drivers Carrying Child Passengers
November 16, 2009
(Albany,N.Y.)—In an effort to spur passage of legislation protecting child passengers against drunken drivers, Senator Martin Malavé Dilan (D-Brooklyn) has introduced two revised versions of the proposed Child Passenger Protection Act.
Both bills would toughen penalties for those who drive under the influence of alcohol, drugs or both while transporting passengers under the age of 16. The two bills differ between whether ignition interlock devices would apply to only those convicted of driving drunk with a child passenger, or to all drivers convicted of a DWI.
Earlier this year, the Senate passed a comprehensive, mandatory ignition interlock bill. In recent negotiations, the Assembly had expressed concerns about enacting a statewide ignition interlock program as part of proposed child passenger protection legislation.
“Both these bills send a strong message that driving drunk with a child in the car is a crime,” said Senator Dilan, Chair of the Senate Transportation Committee. “In recent months it has become increasingly clear that stricter laws are needed to ensure the safety of all child passengers. We can address statewide ignition interlock later, if that’s what it will take to get child passenger protection legislation now.”
Under both bills, driving impaired or with at least a blood alcohol level of .08 with a child passenger under the age of 16, is a felony – for both first-time and repeat offenders. If convicted, the penalty is a minimum of 5 days in prison or 30 days of community service. In addition, licenses of offenders will be suspended for at least 1 year.
If the drunken driver causes a child passenger serious injury, the penalty would be a minimum of 1 year in prison, with a maximum sentence of 7 years. If the child were killed, the drunken driver would face a minimum 5-year state prison sentence, with a maximum of 25 years. Both bills also require the use of an ignition interlock device by anyone convicted of a DWI offense involving a child passenger.
Legislation to protect child passengers was drafted in the wake of the tragic crash on Oct. 11 that resulted in the death of 11-year-old Leandra Rosado. Leandra was killed when the driver of the vehicle crashed her car, carrying six other child passengers, while intoxicated.
Senator Dilan, who worked with Senator Charles J. Fuschillo, Jr. (R-Merrick) to press for the stricter DWI measures, praised his colleague for the bipartisan effort to protect child passengers.
“I would like to express my appreciation to Sen. Fuschillo for his work to help push for the passage of child passenger protection legislation,” said Senator Dilan. “By reaching across the aisle to support this cause, Sen. Fuschillo has been a driving force behind this legislation. Now I can only hope that in meeting the Assembly half-way they will support this cause to protect the lives of New York’s children and families.”
Posted by News LI Editor · Filed Under Politics
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