LEWISBORO, N.Y. – State police said they arrested a Danbury, Conn. man Saturday night in Lewisboro and charged him with felony driving while intoxicated because he had children in his car.
Troopers said they stopped Eric R. Gutierrez, 31, for speeding at about 10:10 p.m. Saturday on Interstate 684 in Lewisboro. Police said the subsequent investigation revealed Gutierrez to be intoxicated with a blood-alcohol content (BAC) of .09 percent. When he was arrested, police said Gutierrez had three children under 15 in the vehicle with him, which resulted in the felony charge under Leandra’s Law.
Leandra’s Law, or the Child Passenger Protection Act, was passed by the New York State Assembly in 2009 and signed into law by Gov. David Paterson. It stipulates that anyone caught driving while intoxicated while transporting a child under the age of 15 will be charged with an automatic Class C felony.
Gutierrez was also charged with third degree aggravated unlicensed operation of a motor vehicle because police said he was driving with a suspended license – a misdemeanor.
He was arraigned in Somers Town Court and remanded to Westchester County Jail without bail. He is scheduled to appear in Lewisboro Town Court on Monday at 7 p.m.