Riverhead man charged with DWI under Leandra’s Law in New Year’s Day stop with 2 kids in car

A Riverhead man faces felony charges under Leandra’s Law for allegedly driving while intoxicated with two children in the car in the early hours of New Year’s Day.

Jose Torres, 53, was pulled over around 12:28 a.m. on Jan. 1 for traffic violations near Main Road and Linda Avenue in Riverhead, police said. Mr. Torres was driving his 2021 Toyota Tundra with a 5-year-old girl and 8-year-old boy in the car.

Mr. Torres was arrested by Riverhead police and charged with DWI and two counts of endangering the welfare of a child.

Under the state’s Leandra’s Law, a first time offender who drives while intoxicated or impaired by drugs with a child under the age of 16 may be charged with a class E felony. The driver could face up to four years in prison, according to the New York State Division of Criminal Justice Services.

Leandra’s Law went into effect in 2009 after 11-year-old Leandra Rosado was killed in a car crash involving a drunken driver. The state law sets some of the strictest DWI provisions in the country.