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Man faces felony drunk driving charges related to Leandra's Law

Facing drunk driving charges in New City and throughout New York can happen in a variety of ways and lead to many different allegations and penalties if there is a conviction. For example, people might not realize that they can be confronted with DUI allegations even if the vehicle is not moving and a law enforcement officer finds a person who is under the influence behind the wheel. This can be compounded if the person has children in the vehicle. Those who are dealing with an arrest in such a case must remember the importance of having legal help.

According to a recent report, a man who fell asleep in his vehicle while in the drive-thru at a fast food establishment was arrested on drunk driving charges. These allegations were raised to the level of felony charges because he is also accused of violating Leandra's Law, as he had two children in the automobile. According to the investigation, the man was in a Jeep Cherokee at the time.

The children in the vehicle were his sons, age 3 and 4. An employee at the restaurant contacted law enforcement because the man was asleep. As the driver departed the restaurant, an officer followed him to a gas station where the arrest was made. According to Leandra's Law, a driver who has a child age 15 or younger in the vehicle will be charged with a felony of aggravated DWI with a child passenger. The man was awaiting arraignment and the children were released to their mother.

While any DUI charge is serious, felonies make the potential penalties significantly worse. Drivers must realize that a conviction can have a long-range impact on their lives not just personally, but professionally as well. It can result in a driver's license suspension, jail, fines and more. But, just because the officer made a stop and an arrest does not automatically imply guilt. Having a comprehensive legal defense can explore several avenues to reduce the charges or even gain an acquittal. The breath test might have been faulty, the traffic stop could have been unjustified or the driver might have a legitimate excuse as to why there was the appearance of being under the influence. Having legal help is imperative and an attorney experienced in defending clients against drunk driving charges can help.

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