A woman in upstate New York is accused of being intoxicated behind the wheel with two children in her vehicle, according to local authorities. New York State Police charged the woman after pulling her over on the evening of Oct. 24. It is unknown at this time whether she has retained criminal defense counsel.
According to the police report, a state trooper saw the 37-year-old woman's vehicle swerving across the center lane into oncoming traffic while headed eastbound. When an officer pulled her over, he said he detected the smell of alcohol on her breath. As a result, he conducted sobriety tests, which the woman reportedly failed. She was arrested and taken into custody for DWI.
Later tests indicated the woman had a blood alcohol level of .11, well above the legal limit of 0.08. At the time of her arrest in Oneida County, she was also transporting two children, aged 3 and 7, who were turned over to family at the scene. It is unclear what her relationship to the children might be. She now stands charged with DWI, felony aggravated DWI (pursuant to Leandra's Law), two counts of child endangerment and a failure to keep right.
If the accused woman is found guilty of these charges, she could lose her driver's licence and even face jail time. However, New York prosecutors will have to prove the legitimacy of the sobriety and blood alcohol tests conducted to indicate her intoxication. Such tests can be notoriously inaccurate, and criminal defense counsel will review the test procedures and findings to assess their admissibility in court. Legal challenges can be made during the coming court proceedings.
Source: newyorkupstate.com, "Verona woman charged with felony DWI for driving drunk with 2 children in vehicle", Sarah Moses, Oct. 25, 2017