Leandra's Law / Child Passenger DWI | Vehicle and Traffic Law 1192 child-passenger intoxication theory
Aggravated DWI with a child passenger can be charged when prosecutors allege intoxicated driving while a child was in the vehicle. The defense often turns on the legality of the stop, observations of intoxication, statements, video, chemical testing, and whether the child-passenger enhancement is supported by proof.
Lebedin Kofman LLP represents drivers in New York DWI, DWAI, child-passenger, reckless-driving, license, and vehicular-crime cases across New York City, Nassau County, and Suffolk County.
646 663 4430 or contact the firm for a confidential consultation.
Issues that may matter
- intoxication observations
- field sobriety testing
- body-camera footage
- child-passenger proof
- vehicle stop and arrest basis
- statements
- accident or no-accident facts
- license and family consequences
Defense approach
- challenging probable cause and arrest procedure
- testing officer observations and video against the intoxication theory
- addressing child-passenger proof and enhancement issues
- positioning the case for dismissal, reduction, hearing, trial, or strategic resolution
These cases should be reviewed early because the first decisions can affect license status, DMV hearings, prosecutor discussions, evidence preservation, family or employment consequences, and the long-term record. A strong defense begins by identifying the exact theory charged and then testing whether the evidence supports that theory.
Related pages
Frequently asked questions
What should I do after a Leandra's Law / Child Passenger DWI arrest?
Speak with defense counsel quickly. Early work can affect license issues, evidence preservation, prosecutor contact, and whether hearings or motion practice are needed.
Can these charges be reduced or dismissed?
Some cases can be challenged or resolved favorably depending on the stop, evidence, chemical testing, video, witness proof, prior record, county, and timing. Each case must be evaluated on its own facts.
Contact Lebedin Kofman LLP
Call 646 663 4430 or contact Lebedin Kofman LLP to discuss a DWI, child-passenger, reckless-driving, or related vehicle case.