Woman pleads not guilty to Leandra's Law indictment

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July 11, 2010

By ANDREA VanVALKENBURG Staff Writer The Press Republican Sun Jul 11, 2010, 04:31 PM EDT

MALONE — It's been less than a year since Leandra's Law went into effect, and authorities say it's already making an impact locally.

In the tri-county area, about a dozen people have already been arrested for violating the law, which makes first-time drunken-driving offenses automatic felonies if children under age 15 are in the vehicle.

Gov. David Paterson signed the Child Passenger Protection Act, dubbed Leandra's Law, last November following the mid-October death of downstate 11-year-old Leandra Rosado, who was killed in an accident caused by her friend's intoxicated mother.

PROTECTING KIDS

Franklin County District Attorney Derek Champagne, whose office prosecuted the first local case, supports the measure.

"We need to find ways to protect our children ... when (drivers) are clearly not thinking about themselves or the safety of children. And this is one way we can do that."

Recently in Franklin County, Jennifer Hugaboom was indicted for her alleged violation of the law, which happened on her birthday in May. She was allegedly caught driving drunk with two kids, age 2 and 4, inside her vehicle.

Police said Hugaboom was not wearing a seat belt and had an open container of alcohol in her vehicle.

She has pleaded not guilty and is due back in Franklin County Court next month for a pre-trial conference.

During the 27-year-old Malone woman's arraignment, Chief Assistant District Attorney Jack Delahanty successfully pushed to have Hugaboom placed under strict supervision of the Probation Department as her case works its through the court.

"We want every assurance that something like this won't happen again," he said in court.

GROWING ISSUE

Champagne said he "hopes the message gets out quickly" that adults will be held to the full extent of the law if they are caught driving under the influence with children.

State Police Acting Traffic Sgt. Trooper Brian Goetz said the law applies to those under the influence of both alcohol or drugs.

He also recognized a need for the tougher law, which requires convicted offenders to have ignition interlock systems installed in their vehicles, noting that the offense has become an increasing problem both locally and statewide.

PARTY SITUATIONS

Goetz said that in many instances, offenders don't fully realize the extent of their actions at the time and can involve seemingly innocent situations, such as a parent leaving a family reunion or gathering, with children in the car, after consuming a few drinks.

But, no matter the situation, he said, if drivers have a blood-alcohol of .08 or higher and there are children in the car, they will be charged.

PENALTIES

Offenders face up to four years in prison and will automatically have their license suspended, Goetz said.

In the event of an accident that causes serious injury to a child, he said, drivers will be charged with a higher-level felony, punishable by 15 years behind bars.

Drunken drivers who cause the death of a minor face up to 25 years in prison on a felony charge.

"It all depends on what the circumstances are," Goetz said.

According to the National Highway Traffic Safety Administration, more than 12,000 children under age 14 died in alcohol-related accidents between 1994 and 2000, with 64 of the deaths involving children who were passengers in vehicles driven by drunken drivers.

New York is the 36th state to enact tougher sanctions against intoxicated drivers who endanger children.

E-mail Andrea VanValkenburg at: avanvalkenburg@pressrepublican.com