In November, the New York State Senate unanimously passed the Child Passenger Protection Act which outlined stricter penalties for people convicted of drunk driving with a child in the vehicle. New York Governor David Patterson, a strong supporter of the measure, signed the bill on November 18. The Child Passenger Protection Act, more commonly known as Leandra's Law, went into effect on December 18, 2009.

Leandra's Law, which was named for an 11-year-old-girl who died in an accident by a drunk driver last fall, makes driving under the influence of alcohol and/or drugs a first-time felony offense when a child under the age of 15 is present in the vehicle. Additionally, those who are convicted are required to outfit their vehicles with ignition interlock systems.

The ignition lock is a device that requires the driver to blow into before he or she can start the car. The device has the ability to detect if the driver has consumed alcohol. If the device detects alcohol on the driver's breath it prevents the driver from being able to start the car. This mandatory ignition interlocking system is does not only pertain to driver’s with children under the age of 15 in the vehicle. Under New York state law any person convicted of DUI or DWI is required to out their vehicle with the device.

Driving impaired, or with a BAC above the .08 legal limit, with a child present is now considered a Class E felony for both first-time and repeat offenders. A Class E felony is punishable by 1 to 4 years in a New York state prison and $1,000 - $5,000 in fines, in addition to the mandatory ignition interlock.

Under Leandra’s Law the charges a person faces have increasing penalties in the event of serious injury or death to a child. The penalties are outlined as follows:

Serious Injury

• Class D felony


• 1 – 7 years in prison

Serious Injury & Reckless Driving

• Class C felony


• Maximum 15 years in prison

Death

• Class C felony


• Maximum 15 years in prison

Death & Reckless Driving

• Class B felony


• Maximum 25 years in prison

Read more about New York defensive driving and other drivers safety tips at http://safety.newyorkdefensivedrivingnow.com/.

Labels: alcohol, blood alcohol level, child passenger protection act, child safety, drunk driving, dui, new york driving laws, underage alcohol use, vehicle safety

At least two states, New York and Texas, have come up with a novel new way to prevent drivers who have accumulated too many points on their record from accumulating any more. Both states have enacted Driver Responsibility Assessment laws that are very similar in nature. In the hope of curbing aggressive driving behavior before it becomes necessary to suspend a license, these laws put a price on aggressive driving and other offenses that could become quite a financial burden on some drivers.

In both New York and Texas, the Driver Responsibility Assessment Law places a financial penalty on drivers who have accumulated too many points over and above the cost of the ticket. Depending on the offense, a driver may have to pay a minimum of $100 per year in order to maintain their driving privileges. For example, A New York driver who accumulates 6 points within an 18 month period will have to pay an annual "Driver Responsibility Assessment" of $100 per year for a three year period. Each additional point on the driving record after the initial assessment will result in an additional $25 per point. Failure to pay the annual assessments will result in suspension of driving privileges.

Below is a breakdown of New York state's assessment/surcharge offenses and costs:

New York's Driver Responsibility Law applies to anyone, whether licensed in New York or not, who commits any of the following offenses while driving in New York State.

Conviction of an alcohol-related traffic violation and the violation occurred in NYS on or after November 18, 2004 (includes boats and snowmobiles); or

Conviction of a drug-related traffic violation and the violation occurred in NYS on or after November 18, 2004 (includes boats and snowmobiles); or

DMV hearing determines that you refused a chemical test and the refusal occurred in NYS on or after November 18, 2004 (includes boats and snowmobiles); or

Receiving six or more points on your NYS driver record during a period of 18 months and the violations occurred in NYS, Quebec or Ontario on or after November 18, 2004.

If you are convicted of a traffic violation that is alcohol-related or drug-related, or if you refuse a chemical test, the annual assessment is $250. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $750.

If you receive six points on your driving record within eighteen months, your assessment will be $100 per year for a three year period or a total of $300. $25 is assessed for each additional point over and above the original six points.
For example: A driver convicted of driving more than 21 mph over the speed limit will receive six points and will be assessed $100 per year. If that driver is convicted of another violation and receives two additional points, the assessment will be $150 per year or a total of $450.

With a New York defensive driving course can provide up to a four-point reduction in the total number of active points on your driving record, depending on when the points were assessed. Learn more about the eligibiltiy requirements and benefits of a defensive driving course to protect your NY driving record.

For more information on the New York Driver Responsibility Law, visit: http://www.nydmv.state.ny.us/DRP.HTM

Labels: aggressive driving, defensive driving course, driver responsibility laws, new york defensive driving, new york driving laws

On November 24th, a new law went into effect in New York that requires that all children under the age of 8 to be restrained in an appropriate child restraint system. This means that children under the age of 8 must be seated in an appropriate booster seat that allows the seat belt system to fit properly. This law is in response to several studies that showed that children were graduating to seat belts too early once they outgrew their child safety seats.

A study conducted in 2002 by State Farm Insurance and the Children's Hospital of Philadelphia showed that 83% of children are graduating from child safety seats to adult seat belts too early. The problem lies in the different ways that seat belts fit around an adult's body compared to the way they fit around a child. When properly belted in, the seat belt should fit low over a vehicle occupant's hips. In a crash, the belt will provide restraint by pushing back against the relatively hard surface of the occupant's hip bones. If the belt were to sit higher across the soft tissue of the occupant's abdomen, it could cause significant damage to internal organs and could, in severe crashes, actually cut into the occupant's abdomen. Seat belts on children, with their small frames, tend to ride high over the child’s abdomen. The 2002 study refers to this as the "Seat Belt Syndrome" in children. The seat belt syndrome has contributed to abdominal and spinal injuries in children. The studies found that children between the ages of 3 and 9 were at greatest risk of seat belt syndrome. The problem is compounded by the way shoulder harnesses fit over children. Instead of sitting properly over a child's shoulder, the shoulder harness tends to ride across their neck and rub against their face causing many to place the shoulder harness behind them.

The answer to this problem is quite simple but, for some reason, the word has been slow in getting around. Booster seats raise the child's body to a position that allows the seat belt to ride low over their hips the way they are designed. Booster seats can also help to properly position the shoulder harness so that it provides maximum protection. The American Academy of Pediatrics published guidelines that say children should remain in booster seats until they are 4'9" in height or, on average, from 9 to 11 years of age. Their website also has guidelines on the proper use of child restraints from infants to teens.

In spite of campaigns by the insurance industry and guidance from the National Highway Traffic Safety Administration (NHTSA), there are only 21 states, including New York, that have passed child restraint laws in compliance with federal guidelines. Many states have no requirement for child restraint systems beyond the age of 4.

When considering a booster seat for your child, remember that all booster seats are not created equally. The Insurance Institute for Highway Safety (IIHS) conducted crash tests and published a list of the best and worst booster seats that are currently on the market. The IIHS website also has pictures showing how lap belts and shoulder harnesses should fit to provide maximum protection. The best seats provide proper height adjustment for the lap belt and keep the shoulder harness away from the abdomen and over the shoulder where they belong.

For more information on proper placement and fitting of child safety seats, visit www.nysdmv.com. You can also visit www.safeny.com to find a child safety seat event or a list of permanent seat fitting stations. There are also online courses now available to educate drivers on the rules of the road and the latest defensive driving techniques.

Labels: child safety seat, driver education, driver safety, new york driving laws