Law Offices of Joseph J. Tock
Call Us for a
FREE Consultation
845-208-5995

New York woman accused of felony DUI under Leandra's Law

A police officer in New York spotted a car speeding and moving erratically. When he pulled the car over, the woman behind the wheel did not produce a driver's license, but did give the officer a name. Ultimately, it was determined that the name she gave was her daughter's name and the 7-year-old in the car was her granddaughter. Since the woman was also suspected of drunk driving, she has been charged with felony DUI under Leandra's Law in addition to several other offenses arising from the traffic stop.

As it turns out, the woman has no current home address and was supposed to be babysitting her granddaughter on the night in question. A search of her driving record indicated that there were outstanding arrest warrants and numerous suspensions on the woman's driver's license. The vehicle she was driving was impounded.

The other offenses this woman has been charged with are related to the woman giving the officer her daughter's name such as criminal impersonation and forgery. How the officer established that the woman intended to impersonate her daughter was not mentioned. There was no mention of what led the officer to believe that the woman was intoxicated, whether he performed any field sobriety tests or whether her blood alcohol level was tested.

The felony DUI charge alone carries serious consequences for this New York woman. It may be in her best interest to review the circumstances of the traffic stop to ensure that all of her rights were preserved and that the officer followed proper procedures during her arrest. Only after carefully reviewing all of the evidence against her will she be able to mount a proper defense.

Source: CBS New York, "Woman Caught Driving Drunk With Granddaughter On Long Island," June 22, 2013