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State Lawmakers to Pass Tougher Drunken Driving Law

By DNAinfo Staff on November 17, 2009 11:34am  | Updated on November 17, 2009 11:32am

A photo of Leandra Rosado hangs over a makeshift memorial near the building where she lived in West Chelsea. Leandra died in a car accident on Sunday, Oct. 11.
A photo of Leandra Rosado hangs over a makeshift memorial near the building where she lived in West Chelsea. Leandra died in a car accident on Sunday, Oct. 11.
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By Mariel S. Clark

DNAinfo Reporter/Producer

MANHATTAN — The New York State Assembly is set to pass a tough new drunken driving law named after the Chelsea girl who died in a crash last month.

The bill, which would make it a felony to drive while intoxicated with a child in the car, is expected to be introduced later Tuesday.

Legislators had been holding out for a less strict version of the bill that would make it a felony to get behind the wheel with a blood alcohol content of .08 and with a child of 15 years or younger in the car.

The bill is named "Leandra's Law" after 11-year-old Leandra Rosado, who was killed in a crash on the Henry Hudson Parkway. Carmen Huertas, the woman driving the car, was charged with drunk driving and vehicular manslaughter.

The bill would also require anyone convicted of drunken driving to get ignition locks which would prevent them from starting their cars.

"This is wonderful, I'm ecstatic," Lenny Rosado, Leandra Rosado's father, told the Daily News.

"It's not going to bring my daughter back, but it brings a little peace to my heart and sends a strong message to anyone who feels it's okay to drive intoxicated with children in the car.

Assembly Speaker Sheldon Silver had wanted the felony threshold to be a blood alcohol content of .18; anything between .08 and .17 would have been a misdemeanor.

He changed his stance after hearing from the family of Leandra Rosado and Mothers Against Drunk Driving, as well as "New Yorkers who demand the vast array of protections and punishments that this comprehensive bill offers."

Violators could face up to four years behind bars for a first offense.