Leandra's Law / Child Passenger DWI | Vehicle and Traffic Law 1192 child-passenger per se theory
New York Aggravated Per Se DWI With a Child Passenger Lawyer
A child-passenger per se DWI case focuses heavily on the chemical test result and the procedures used to obtain it. The defense may involve calibration records, observation periods, test timing, operator certification, refusal issues, and whether the prosecution can connect the test result to lawful operation.
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.
Call 646-663-4430 or contact the firm for a confidential consultation.
Issues that may matter
- breath or blood test records
- calibration and maintenance documents
- observation period issues
- test timing
- operator certification
- child-passenger proof
- stop and arrest legality
- DMV and license consequences
Defense approach
- reviewing chemical-test reliability
- challenging procedural defects and suppression issues
- testing whether the per se theory and child-passenger enhancement can both be proven
- coordinating DMV, criminal, and collateral consequences
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.