Westchester County District Attorney Janet DiFiore announced that Marta Amaro-Morales, 44, of 659 Catherine Street, Peekskill, New York, was found guilty today following a non jury trial of:
- three counts of Aggravated Driving While Intoxicated-Child in Vehicle, class “E” Felonies under the New York State Vehicle and Traffic Law and under "Leandra's Law," which automatically charges a driver with a felony if he or she drives drunk with a passenger under the age of 15 in the car.
- two counts of Driving While Intoxicated, First Offense, class “A” Misdemeanors under the New York State Vehicle and Traffic Law,
- various Vehicle and Traffic Infractions under the New York State Vehicle and Traffic Law.
On May 30, 2010, at 12:10 a.m. on the Bear Mountain State Parkway East Bound, in Peekskill, a New York State Trooper on patrol observed the Amaro-Morales make unsafe lane movements by crossing over the double yellow line on one side of the road and the fog line on the other.
Effecting a traffic stop, the trooper observed three children in the vehicle, including the defendant’s own children, ages seven and eleven at the time, and the defendant’s grandchild, age 4 at the time. The four-year-old female in the backseat was not secured in a car seat or any child restraint system.
Signs of intoxication were observed by the trooper at which point three field sobriety tests were administered to the defendant.
The defendant failed all three tests and was placed under arrest at the scene.
Further tests were administered at the State Police barracks where the defendant consented to a breath test and her BAC was .09.
The defendant faces a maximum of 4 years in state prison.
Sentencing will be on September 27th, 2011.
Assistant District Attorney Christine Cervasio, of the Special Prosecutions Division prosecuted the case.