Aggravated DWI With Passenger Under 15 (VTL 1192(2-a)(b)) – NY Ticket Lawyer

The Benjamin Goldman Law Office provides legal representation for motorists charged under VTL 1192(2-a)(b), known as Aggravated DWI With a Passenger Under the age of 15. It is also known as “Leandra’s Law”. This statute classifies it as a serious offense to operate a vehicle while intoxicated with a passenger younger than fifteen years old. Our office focuses on traffic and vehicle-related violations across New York, including aggravated DWI cases.

The Benjamin Goldman Law Office is available to assist drivers facing aggravated DWI charges anywhere in New York. Whether your case is in Albany, Syracuse, or the Hudson Valley, our firm can review the charge and explain your legal options. Consultations are always free.

VTL § 1192(2-a)(b) – Aggravated Driving While Intoxicated (Intoxication, With a Child)

If you are charged with driving while intoxicated in New York with a passenger under the age of fifteen, you will be prosecuted under Vehicle & Traffic Law § 1192(2-a)(b). This statute, commonly referred to as Aggravated DWI With a Child or Leandra’s Law, elevates a standard DWI offense to a more serious charge when a minor is present in the vehicle. A violation is considered a criminal offense and carries severe penalties.

• Fine: $1,000 to $5,000
• Surcharge: $395 or $520, depending on the court
• License: Revoked for at least 1 year
• Possible Jail: Up to 4 years (Class E felony)

Although this may seem like just another DWI charge, an aggravated DWI involving a child passenger is treated more seriously under New York law. A conviction will result in a permanent criminal record, significant fines, license revocation, and even possible jail time. It is strongly recommended to consult with an attorney before making any decisions about your case.

Statute

The exact wording of the relevant sub-statute is:

(a) Per se. No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article.

(b) With a child. No person shall operate a motor vehicle in violation of subdivision two, three, four or four-a of this section while a child who is fifteen years of age or less is a passenger in such motor vehicle.

Understanding VTL § 1192(2-a)(b)

VTL § 1192(2-a)(b) is a specific provision of New York’s Vehicle and Traffic Law commonly referred to as Aggravated Driving While Intoxicated With a Child Passenger or Leandra’s Law. It elevates a standard DWI offense to a more serious charge when a child age fifteen or younger is present in the vehicle. Unlike many other traffic violations that may only result in fines or points, or even misdemeanor DWIs, that rarely result in jail time, this statute imposes stricter criminal liability because of the heightened risk to minors. The legislature created this separate section to ensure stronger penalties and enforcement whenever a child is endangered by impaired driving.

Many motorists may not realize that this charge applies regardless of prior history or intent. Even first-time DWI offenders face aggravated charges if a child passenger is involved. The law does not allow exceptions for explanations or lack of awareness — if you are found operating a vehicle while intoxicated with a passenger under the age of fifteen, you may be charged under VTL § 1192(2-a)(b).

Fighting an Aggravated DWI Charge (VTL § 1192(2-a)(b))

Being charged under New York’s aggravated DWI statute is a serious matter, but motorists should remember they have the right to contest the charge. Entering a Not Guilty plea is not a claim of innocence or an admission of guilt; it is simply the legal mechanism that requires the prosecution to prove the case beyond a reasonable doubt. Exercising this right allows the evidence, procedures, and circumstances of the stop to be fully reviewed in court.

Because this offense is treated as a felony, prosecutors and judges will approach the case with gravity. However, the legal process often leaves room for negotiation, and the outcome may depend on the specific facts of the arrest. Issues such as the accuracy of testing devices, the circumstances of the traffic stop, or how the case was handled procedurally can all play a role in determining whether charges are reduced or dismissed.

An experienced DWI attorney can provide critical support in navigating these proceedings. Counsel can evaluate the evidence, identify potential defenses, and negotiate with prosecutors on your behalf.

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