(WIVT/WBGH) – New York State Police made two separate arrests this week involving individuals who allegedly drove under the influence in the presence of children.

On March 14, at around 4:39 a.m., New York State Police at Owego arrested Michael Holbert, 42, of Bainbridge.

A Trooper was dispatched by the Tioga County 911 Center to State Route 17/Interstate 86 near exit 63 for a report of a motor vehicle collision.  Upon arrival, Troopers determined that a 2002 Volkswagen was traveling west and struck a guardrail, causing the vehicle to become disabled partially in the roadway.

Holbert told the Trooper that he and a 4-year-old passenger were not injured. The Trooper says Holbert smelled of alcohol, and he was asked to perform Standardized Field Sobriety Tests, which confirmed impairment.  His reportable B.A.C was .15%.

Holbert was charged with Aggravated Driving While Intoxicated with a Child Passenger Less Than 16 (Leandra’s Law), a Class E Felony.

On March 15, at around 8:34 p.m., New York State Police at Deposit arrested Trent Burgess, 34, of Churchville.

A Trooper observed a 2016 BMW M4 on State Route 17 traveling west, committing a vehicle and traffic infraction. The Trooper initiated a traffic stop.

Candor woman arrested under Leandra’s Law after crash

While interviewing Burgess, the Trooper says they smelled an odor of alcohol and observed characteristics associated with impairment.  An 11-year-old child was also in the vehicle.  Burgess was asked to perform Standardized Field Sobriety Tests, which confirmed impairment. His reportable B.A.C was .12%.

Burgess was charged with Aggravated Driving While Intoxicated with a Child Passenger Less Than 16 (Leandra’s Law), a Class E Felony.

Leandra’s Law, officially known as the Child Passenger Protection Act, was passed in 2009 in memory of 11-year-old Leandra Rosado, who lost her life in a drunk driving accident. The law is a New York state statute making it an automatic felony to drive drunk or impaired by drugs with a person aged 15 or younger in the vehicle. It carries penalties of up to four years in prison, mandatory ignition interlock devices for all convicted, and license suspension.

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