A 57-year-old New Hampshire woman is facing a felony charge under New York's Leandra's Law after state police say she rolled an ATV in rural Columbia County in July with a child aboard who wasn't wearing a helmet. Theresa Langevin, of Milford, New Hampshire, was arrested three months after the crash once investigators completed their inquiry into the incident.
According to the New York State Police, troopers were dispatched by Columbia County 911 at approximately 11:35 a.m. on July 5 after Langevin lost control of the ATV near the intersection of Mahar Road and Frees Road in New Lebanon. As Daily Voice reported, the vehicle overturned and slid before coming to rest against an earth embankment. Neither Langevin nor the child passenger was wearing a helmet at the time, police said.
Langevin was taken to Albany Medical Center with non-life-threatening injuries, authorities said, while state troopers reported the child was not injured in the crash. The location sits in rural eastern Columbia County along the Massachusetts border, where emergency calls along local thoroughfares like Mahar Road fall under the jurisdiction of State Police Troop K out of the Chatham barracks, per the same agency's account.
Felony Charge Follows Months of Toxicology Review
Langevin was not arrested until October 8, when state police announced she had been charged with aggravated DWI under Leandra's Law as well as Operating a Motor Vehicle While Impaired by Drugs, an unclassified misdemeanor. The gap between the July crash and the October arrest reflects the time typically needed for drug toxicology testing to be completed, since impaired-driving charges under this section of law rely on chemical analysis rather than blood alcohol levels.
New York law allows drug impairment to be established through evidence beyond standardized field sobriety tests or chemical blood analysis.
Langevin was arraigned in Town of New Lebanon Court and released on her own recognizance, the state police statement said, with an order to return for further proceedings on November 12 at 4 p.m.
Why a First-Time Crash Became a Felony
The felony charge stems from New York's Child Passenger Protection Act, commonly known as Leandra's Law, which makes driving while intoxicated or drug-impaired with a passenger aged 15 or younger an automatic Class E felony on a first offense. The law carries statutory penalties of one to four years in state prison and fines between $1,000 and $5,000, according to the New York State Unified Court System.
The law also triggers consequences beyond the criminal courtroom. Mandatory reporting provisions require law enforcement agencies to report any parent, guardian, or legally responsible adult arrested for impaired driving with a minor passenger directly to the New York Statewide Central Register of Child Abuse and Maltreatment, according to Rensselaer County Government.
Separately, anyone convicted of a misdemeanor or felony impaired driving offense in New York must install and maintain a court-approved ignition interlock device on all owned or operated vehicles for at least 12 months after conviction, per the New York DMV.
Helmet and Passenger Rules for ATVs
Beyond the impairment charges, the crash highlights New York's safety guidance for off-road vehicles. The New York State Department of Health recommends USDOT-compliant helmets for ATV operators and passengers and warns against carrying passengers on single-rider ATVs, according to the New York State Department of Health.
State rules generally require riders under 16 to be accompanied by an adult age 18 or older, or by a 16- or 17-year-old with an ATV safety-course certificate; children driving on land owned or leased by a parent or guardian are exempt from adult supervision. The state health department warns that ATVs can roll over easily and advises against carrying passengers on single-rider models.
Hoodline has reported on a Queens felony case involving a child passenger. Langevin is due back in New Lebanon Town Court on November 12.
