The following is a State Police report of an encounter last week:
"On Dec. 20, 2009, at approximately 3:05 p.m., Trooper David Worden of SP Thruway Syracuse was operating marked patrol unit 3T10, when he observed a white Dodge Neon traveling west bound on I-90. The vehicle was being operated in an erratic manner, swerving from the driving lane to the right shoulder. Trooper Worden initiated a vehicle and traffic stop on the vehicle, which was being operated by Reanna J. Reidpath 06/30/76, Canastota,
N.Y. Ms. Reidpath's passenger, was her 9-year-old daughter. An interview of Ms. Reidpath revealed her to be under the influence of alcohol. She was administered Standardized Field Sobriety Tests (SFST's), which she failed and was given a roadside Alco-sensor test, and had a reading of .204 percent. Ms. Reidpath's daughter was turned over to her mother, Maryann Reidpath. Ms. Reidpath was transported to SP Thruway Syracuse for processing, where she submitted to a breath test to determine her blood-alcohol content (BAC).
Ms. Reidpath had a reading of .20 percent. She was charged under the new Leandra's Law 1192 (2-a) (b), felony aggravated DWI/child in vehicle and endangering the welfare of a child. Ms. Reidpath was arraigned in the T/Marcy, Oneida county, via T/J Buttenschon. Her bail was set at $5,000 cash/bond. She was remanded to Oneida County Jail and is scheduled to reappear in the T/Verona on 12/22/09, at 5:30 p.m."
This was an arrest under the state's new "Leandra's Law," which elevates the level of crime when driving while intoxicated with a child under 16 years of age in the vehicle. It is a Class E felony to violate this law. If the child's parent or guardian is the driver, Child Protective Services must be notified.
The law also requires that, besides the penalties consistent with the felony, the driver must have an ignition interlock device installed in his or her vehicle, meaning the car won't start without proof of sobriety.
And, finally, if the child is injured or killed in an accident resulting from the DWI, enhanced penalties are added for conviction of first-degree vehicular assault, first-degree vehicular manslaughter or aggravated vehicular homicide.
The New York State Legislature is extremely serious about DWI with a child in the vehicle, and so are the State Police. We all must be.
When a person drives drunk, he imperils himself, anyone in the car and anyone else on the highway. If he imperils a passenger under 16 years old, who is not an adult with an adult's purported powers of discernment, he now has heightened accountability.
Don't drink and drive. Now, especially don't drink and drive with a child in the car. You do not want to wind up in Ms. Reidpath's shoes.
