Leandra's Law, or the Child Passenger Protection Act, has helped New York make a political statement publicizing the terrible toll paid when drunk drivers have children in the car. Leandra Rosado was killed in October when Carmen Huertas was drunk driving young girls to a slumber party and the car flipped and Leandra was thrown from the vehicle. The law makes a first offense drunk driving with minors under age 16 a felony, with penalties of up to four years in prison and fines up to $5,000.00. A driver convicted under Leandra's Law is reported to the Statewide Central Registry of Child Abuse and Maltreatment and is required to use the mandatory ignition interlock system as well.

While New Jersey does not have a Leandra's Law, a driver who is drunk or under the influence of any drug that can alter one's ability to operate a vehicle and has minor passengers can be charged with additional crimes, including endangering the welfare of a minor, a disorderly persons offense, in addition to the motor vehicle offense of DWI, for which no jury trial is permitted. No plea bargaining is allowed, though each charge must be proven in court, and the conviction on your record is permanent. Once convicted, drunk drivers of children will receive more jail time than those who did not drunk drive with children in the car.

If you find yourself in this position, it is important that you contact an attorney immediately. For more information, see the attorneys at Chamlin, Rosen, Uliano & Witherington, who can help assess the details associated with your case.