Earlier this month, police in Orange County stopped a driver for suspicion of DWI. Charges filed against the woman were more severe than they may have been normally due to two distinct factors. First, the woman had been convicted of a DWI in the past ten years, and second, while she was allegedly driving under the influence there was a child present in the car. Because of these additional aspects of the case, she faces charges of felony DWI and aggravated DWI.
New York Vehicle and Traffic Law section 1192(2)(b) defines Aggravated DWI as operating a motor vehicle while in violation of the sections defining DWI while a child under the age of 15 is present in the vehicle. Section 1193(1)(c)(i) defines felony offenses. It states that “A person who operates a vehicle in violation of subdivision two, two-a, three, four or four-a of section eleven hundred ninety-two of this article after having been convicted of a violation of subdivision two, two-a, three, four or four-a of such section…within the preceding ten years…shall be guilty of a Class E felony.”
It is unclear how old the child was, or when the previous conviction occurred for this driver. Should the criteria for these more serious charges be met, a conviction of a Class-E felony could result in a fine up to five thousand dollars, State prison time and/or probation, license suspension and mandatory treatment programs.
For more details, as well as other DWI arrests in the northern Westchester/Orange/Rockland area, visit this link to lohud.com.
