January 2013 – FELONY DUI REDUCED TO MISDEMEANOR
Criminal Defense Counsel Troy A. Smith persuades New York County (Manhattan) District Attorney’s Office to make special exception to policy in allowing client, charged with felony drunk driving with his children in car, to plead guilty to misdemeanor offense.
Client was arrested for driving under the influence of alcohol with his wife and two minor children in the car. He was charged with a felony DUI pursuant to Vehicle and Traffic Law Section 1192 (2-a) for driving with a BAC above .08 with a child under the age of 16. This is known as Leandra’s law named for Leandra Rosado, an 11 year old girl, killed on the Henry Hudson Parkway in New York City on October 11, 2009 when her friend’s mother, flipped the car they were in while allegedly under the influence of alcohol. Six other children were also injured during the incident.
Leandra’s Law (Child Passenger Protection Act) is a New York State law making it an automatic felony on the first offense to drive drunk with a person age 15 or younger inside the vehicle, and setting the blood alcohol content, or BAC, at 0.08. The bill was unanimously passed by the New York State Assembly and the New York State Senate and then signed into law by the Governor. This offense is a Class E felony offense punishable by up to four years in prison.
Defense Attorney Smith conveyed to the Manhattan District Attorney’s Office that the the client’s offense was a one time aberration. On the night of the offense, the client, a hard working man with no criminal history, was driving home with his wife and 2 kids after attending a relative’s Sweet Sixteen party. The client’s BAC of .11 (three hundreths of a percent above the legal limit) was consistent with the client’s statement that he only consumed two mixed drinks at the party.
Further, the client was not a citizen of the United States and faced certain deportation for a felony conviction which involved endangering the welfare of his minor children. Both of the client’s minor children had severe disabilities which they received special services for. Coupled with the fact that as the primary provider for his family, the client’s family would suffer extreme hardship if the client was deported as a result of this conviction. Based on all of these factors, Defense Attorney Troy Smith persuaded the Manhattan District Attorney’s Office and the Court that dismissing the felony DUI charge and allowing the client to plead guilty to misdemeanor DUI charges, with a promised sentence which includes a fine and community service but no jail time, was in the interests of justice.
