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Results for child victims (new york)

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Author: The Institute for Traffic Safety Management and Research

Title: New York State Evaluation of Leandra's Law: ADWI with Child Under Age 16 in the Vehicle

Summary: The Child Passenger Protection Act (Chapter 496 of the Laws of 2009), commonly known as Leandra’s Law, is one of the most recent in a long line of significant legislation passed in New York State to address the serious issue of impaired driving. The law was named for an 11-year-old girl who was killed while riding in a vehicle driven by the intoxicated mother of one of her friends. The driver received misdemeanor charges prompting calls for stronger legislation and stricter penalties for driving impaired with young passengers in the vehicle. Leandra’s Law created a new crime of Aggravated Driving While Intoxicated with a Child under Age 16 in the Vehicle (Vehicle and Traffic Law Section 1192.2ab). Effective December 18, 2009, drivers who violate the ADWI/Child in Vehicle law are charged with a Class E felony and face up to four years in prison and/or a fine of $1,000-$5,000. The second major component of Leandra’s Law expands the use of ignition interlock devices as a sanction in alcohol impaired driving cases. Any driver convicted of a misdemeanor or felony DWI is now required to install an ignition interlock device for a minimum of six months on any vehicle they drive. Drivers convicted of ADWI/Child in Vehicle were subject to the new sanction on the effective date of the new law (December 18, 2009), while the sanction for other DWI convictions (VTL 1192.2, 1192.2aa and 1192.3) took effect on August 15, 2010. This report focuses on the implementation of the new violation of ADWI/Child in Vehicle (VTL 1192.2ab). The study was designed to identify the number and characteristics of drivers who had been arrested for violating VTL 1192.2ab between December 18, 2009 and June 30, 2011 and determine whether they were adjudicated and sanctioned in accordance with Leandra’s law. Using ticket data extracted from the TSLED (Traffic Safety Law Enforcement and Disposition) system on July 15, 2011, the first set of analyses focused on drivers ticketed for 1192.2ab violations and the adjudication outcome of these tickets. TSLED includes all tickets issued for impaired driving offenses in New York State with the exception of New York City and five western towns in Suffolk County on Long Island. The Driver License file, which contains information on all drivers in the state convicted of a misdemeanor or felony DWI, was the source for further analyses on the drivers convicted of these violations. These analyses included the penalties and sanctions received, involvement in a crash in association with the violation, and the extent to which these drivers had prior alcohol-related convictions on their driving records. The Driver License file data used in the analyses were extracted on August 31, 2011. The results of the analyses are presented within.

Details: Albany, NY: The Institute for Traffic Safety Management and Research, University at Albany, State University of New York, 2011. 12p.

Source: Internet Resource: Accessed September 5, 2012 at http://www.safeny.ny.gov/10data/ADWIwithChildFull.pdf

Year: 2011

Country: United States

URL: http://www.safeny.ny.gov/10data/ADWIwithChildFull.pdf

Shelf Number: 126270

Keywords:
Alcohol Ignition Interlock Devices (New York)
Child Victims (New York)
Driving Under the Influence (New York)
Drunk Driving (New York)
Evaluative Studies
Passenger Safety (New York)