Dad arrested for DWI with 5-year-old daughter not in car seat (Patchogue, Long Island, New York)

Dad IVAN LLAGZHA has been busted for driving drunking with his 5-year-daughter--who was not in a car seat either. But he won't be facing a felony charge because Leandra's law--the recently passed NY legislation that makes it a felony to commit DWI with a minor in the car--hasn't taken affect yet. So Daddy will just get hit with a misdemeanor. Better not pull this stunt next month, though.

http://www.nydailynews.com/news/ny_crime/2009/11/21/2009-11-21_leandras_law_doesnt_apply_in_li_bust_with_kid.html

Leandra's Law doesn't apply in L.I. bust with kid
BY Wil Cruz
DAILY NEWS STAFF WRITER

Originally Published:Saturday, November 21st 2009, 6:10 PM
Updated: Saturday, November 21st 2009, 6:10 PM

A Long Island man was busted Saturday on charges of driving drunk with his young daughter - but he won't face a felony rap because Leandra's Law hasn't taken effect yet.

Ivan Llagzha, 36, was driving his 1997 Honda wildly in Patchogue when cops pulled him over just after 2:30 a.m.

His 5-year-old daughter Kayla was in the car and was not in a child safety seat.

She was not injured, police said.

Before her father allegedly put her in harm's way, the little girl had survived two brushes with death.

According to a 2004 newspaper article, she was born weighing just a pound and a half.

Then, when she was just 3 months old, she was almost killed by loss of oxygen during an apnea attack.

After Llagzha was arrested, the girl was turned over to her mother.

Llagzha, who lives in Patchogue, was charged with driving while intoxicated and endangering the welfare of a child, both misdemeanors.

He dodged a legal bullet because his arrest came just days after Gov. Paterson signed the anti-DWI Leandra's Law.

The law makes it a felony to drive drunk with a child 15 years or younger - but it doesn't take effect until next month.

It was inspired by the death of Leandra Rosado, 11, who was killed last month when a drunken Bronx mom got behind the wheel with a car full of kids.

wcruz@nydailynews.com