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New state law to affect woman’s DWI arrest

Published:December 28, 2009, 6:41 AM

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Updated: August 21, 2010, 3:51 AM

A Batavia woman faces a more serious count of driving while intoxicated as a result of a state law that went into effect Dec. 18.

State police say Michelle T. Crawford, 24, was charged with DWI when stopped Sunday afternoon in Marilla after troopers saw the vehicle being driven erratically on Clinton Street near Two Rod Road.

In the vehicle were children ages 3, 4 and 17 months. State police said Crawford had taken them with her when she left a West Seneca residence after a domestic dispute.

Police said they charged Crawford with three counts of endangering the welfare of a child and a Class E felony count of DWI, rather than a misdemeanor count, because of “Leandra’s Law,” which took effect Dec. 18.

Leandra Rosado was an 11-year-old girl killed in a tragic downstate DWI accident in October. Under the law, a motorist with a blood alcohol content of more than 0.08 faces a potential prison term of up to four years if they are transporting a child 15 or younger.

If the child is seriously injured in a DWI accident, the sentence could increase to 15 years, and if the child is killed, the potential jail term could be up to 25 years.

State police said Crawford refused to take a breath test and was arraigned in Marilla Court.

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