Tags Posts tagged with "Drunk Driving"

Drunk Driving

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Suffolk County District Attorney Ray Tierney. Photo from Tierney's office

Suffolk County District Attorney Raymond A. Tierney announced on March 11 that Cristian Mendoza-Baquiax, 37, of Riverhead, pleaded guilty to three counts of Aggravated Vehicular Homicide, and other related charges, following a multi-vehicle crash on County Road 105 in Riverhead, killing his own passenger, Nelson Reyes-Muxin, 33, of Riverhead, and injuring several others.

“This defendant’s fateful decision to drive while under the influence of alcohol caused the tragic death of Nelson Reyes-Muxin and severe injuries to several other individuals,” said District Attorney Tierney. “This conviction is a reminder to all that drunk driving kills.”

According to court documents and the defendant’s admissions during his guilty plea allocution, on August 7, 2024, at approximately 6:15 p.m., the defendant was operating a white 2010 Acura MDX northbound on County Road 105 in Riverhead. Mendoza-Baquiax drove around a northbound car at a high rate of speed and into the opposite lane of travel, where he struck several vehicles. In total, seven cars were involved in the crash. A passenger in the defendant’s vehicle, Nelson Reyes- Muxin, died as a result of injuries he sustained. Another passenger also in the defendant’s vehicle sustained multiple fractures to his arm, a dislocated shoulder, and was treated at Peconic Bay Medical Center.

The driver of another vehicle involved in the crash sustained two fractured legs, a dislocated ankle, and was airlifted to Stony Brook University Hospital for medical treatment. In addition, two other individuals were transported to local hospitals for injuries they sustained as a result of the crash.

Mendoza-Baquiax exhibited signs of intoxication and stated that he had six beers. He was subsequently placed under arrest and consented to a blood draw upon request by police. Toxicology tested of his blood revealed a blood alcohol concentration of .21%. The defendant was taken to Stony Brook University Hospital for treatment of injuries he sustained from the crash. A sample of the defendant’s blood taken by hospital staff upon his admission was also seized pursuant to a search warrant. Subsequent toxicology testing of that sample, taken at an earlier time than the sample taken by police, revealed that he had a .25% blood alcohol content.

On March 11, 2025, Mendoza-Baquiax pleaded guilty before Acting Supreme Court Justice Steven A. Pilewski to the following charges:

  • Three counts of Aggravated Vehicular Homicide, Class B felonies;
  • One count of Manslaughter in the Second Degree, a Class C felony;
  • Two counts of Assault in the Second Degree, Class D felonies;
  • One count of Aggravated Driving While Intoxicated, a Class E felony; and
  • Two counts of Assault in the Third Degree, Class A misdemeanors.

    The defendant is due back in court for sentencing on April 15, 2025, where he is expected to be sentenced to five to 15 years imprisonment. He is being represented by the Suffolk County Legal Aid Society.

    This case is being prosecuted by Assistant District Attorney Alexander Bopp of the Vehicular Crime Bureau, and the investigation was conducted by Detective Michael Carrieri of the Riverhead Town Police Department.

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File photo

Suffolk County Police arrested a man on Sept. 1 under Leandra’s Law for allegedly driving while intoxicated in Smithtown with an 11-year-old child in the vehicle.

Terrance Brown was driving a 2003 Nissan Altima westbound on Veterans Memorial Highway with his girlfriend and her 11-year-old son in the vehicle when he went through a red light at the intersection of Old Willets Path and nearly crashed into a marked Suffolk County Police Third Precinct Patrol vehicle traveling southbound at approximately 9:15 p.m.

The officers in the police vehicle pulled the Nissan over and determined Brown was intoxicated. It was also determined that the license plates on the Nissan had previously been reported stolen.

Brown, 45, of Jamaica, Queens was charged with alleged Aggravated Driving While Intoxicated with a Child Passenger 15 Years Old or Younger (Leandra’s Law), Endangering the Welfare of a Child, and Criminal Possession of Stolen Property 5th Degree.

Sheriff Errol Toulon Jr. File photo

Suffolk County District Attorney Ray Tierney (R), New York State Sen. Dean Murray (R-East Patchogue) and county Sheriff Errol Toulon Jr. (D) released public safety announcements to remind the public of the dangers of drunk and drugged driving. They further discussed the importance of staying at the scene of a crash, as well as the legal and financial ramifications of a criminal arrest. 

“We are more than half-way through this year’s ‘100 deadliest days of driving.’ In Suffolk County alone, there have been at least 20 fatalities since Memorial Day weekend, many of which were caused by drunk or drugged drivers. That is almost three lives lost per week, many of which were completely preventable, and despite the prevalence and convenience of ride-shares,” Tierney said.

“Drunk and drugged drivers threaten the lives of random and innocent roadway users of every age, gender, ethnicity and economic status, every single day throughout [our state],” he added.

In 2022 Long Island saw 245 people die in crashes, with 164 in Suffolk County alone — a third of which involved DWIs. According to a member of the SCPD, ​​“Suffolk County holds the trophy for [these accidents], and it’s not a good trophy to hold.”

Murray, Toulon and Tierney doubled-down on their pledge to fight for the safety of all New Yorkers.

“Drunk and drugged drivers threaten the lives of random and innocent roadway users of every age, gender, ethnicity and economic status, every single day throughout [our state],” Tierney said.

They further urged all Long Islanders not to drive under the influence of any alcohol/drugs, regardless of the amount, since the officials want everyone to remember that any amount of alcohol or drugs in a person’s system is too much when it comes to driving.

Furthermore, these officials stressed the desire to have the Deadly Driving Bill passed in Albany, “to save countless lives, and make our roadways safer across New York State.”

This bill would call on lawmakers to close a great many of the loopholes in drugged driving laws. More specifically, the Deadly Driving Bill would end the allowance of an individual to avoid arrest and prosecution for operating a vehicle while drugged, unless the officer can pinpoint the drug by which the driver is impaired — while said drug must be listed in Section 3306 of the Public Health Law, as well.

Murray voiced concern over the specifics of legalized marijuana, as he feels that many have been left wondering whether it is appropriate to ingest any amount of it before taking the wheel.

“When New York State rushed through legislation to legalize marijuana, it was done so in a way that left many questions unanswered. Who can legally sell it? Who can legally buy it, use it or consume it?” Murray said. “There is definitely a need to educate the public [on this], and I’m thrilled to team with Suffolk County District Attorney Ray Tierney and Suffolk County Sheriff Errol Toulon Jr. to put these PSAs out to the public, to help facilitate that process.”

All public safety announcements can be found on the Suffolk County District Attorney’s  website at www.suffolkcountyny.gov/da.

METRO photo

It is, unfortunately, not a new phenomenon.

According to Suffolk County District Attorney Ray Tierney (R), motor vehicle crashes are the number one cause of death for people between the ages of 15 and 24, with the leading causes being reckless driving and distracted driving while, often, under the influence of drugs or alcohol.

Since Memorial Day weekend, drunk/drugged driving in Suffolk has claimed approximately three lives a week, and since 2018, the trend of drugged driving deaths has grown exponentially — 35% — statewide.

Suffolk County is a prime contributor to that number.

Maureen McCormick, Suffolk County District Attorney’s Office Vehicular Crimes prosecutor, recently said that the innocence of most of these vehicular crime victims is what is truly alarming about these cases.

And, with the state’s push to treat individuals intoxicated with drugs as firmly as those found drunk at the scene of a crash — as of now, a drugged driver in the state can only be charged with a DUI if the officer can name the drug the person has taken, and if said drug is included in a catalog of substances commonly tested for — why has a coalition of advocates been getting turned down in Albany for many years? And, why is America one of a quarter of countries that has a blood alcohol content (BAC) of 0.08, while the rest of the world only allows a limit of 0.05?

So, what can we do about the dangers of drunk/drugged driving? Here are some tips to stay safe on the roads.

• When going out, be sure to secure a nondrinking driver, ahead of time, to ensure a plan, and avoid in-the-moment confusion.

• Alternate drinking alcoholic beverages with soda, juice or water.

• Do not mix alcohol with other drugs, including over-the-counter and prescription medications.

• Do not get into the car with an impaired driver. Use other means of transportation such as a taxi, public transportation or driver who is sober.

• It is wise to have no substances in your system when operating a vehicle, even if you are within legal limits.

• Keep in mind: Even if you take prescription medication, avoid driving if it makes you drowsy, or lowers your energy levels. A substance does not have to be illicit to cause danger to yourself and others on the roads. Have someone drive you, when possible.

• Buckle up! If hit, a seatbelt reduces the risk of serious injury by 50% in the front seats, and up to 75%, in the rear seats.

• If you suspect an impaired driver is near you while on the road, slow down and consider turning away. When it is safe to do so, pull over and dial 911.

In this way, we will keep ourselves and our roads safe in Suffolk County and elsewhere.

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Suffolk County D.A. Raymond Tierney

Suffolk County District Attorney Raymond A. Tierney announced on Sept. 19 that Leo Flores-Gracias, 26, of Huntington Station, was indicted for Aggravated Vehicular Manslaughter and other related charges, for allegedly driving while intoxicated and crashing into another vehicle, killing his own passenger, Marlon Nunez-Cuellar, 25, of Huntington Station.

“This defendant’s alleged decision to drive while under the influence of alcohol caused the tragic death of Marlon Nunez-Cuellar,” said District Attorney Tierney. “My office will seek justice for the victim and his loved ones, as we continue the push to keep our roadways in Suffolk County safe.”

According to the investigation, on July 4, 2023, at approximately 8:06 p.m., Flores-Gracias and three others left a party where he had allegedly been drinking alcohol and they got into Flores- Gracias’ 2017 Honda Accord. Flores-Gracias allegedly began driving northbound on Sweet Hollow Road in Huntington at a high rate of speed, and crashed head-on into a vehicle that was driving southbound.

Marlon Nunez-Cuellar, one of Flores-Gracias’ passengers, was transported to Plainview Hospital where he was pronounced dead from injuries he sustained in the crash. The operator of the vehicle that was struck head-on, was uninjured.

When police officers arrived at the scene, they noticed that the defendant exhibited indicia of intoxication, and placed him under arrest.

On September 19,  Flores-Gracias was arraigned on the indictment before Acting Supreme Court Justice, the Honorable Steven A. Pilewski, for the following charges:

  •   One count of Aggravated Vehicular Homicide, a Class B felony;
  •   One count of Manslaughter in the Second Degree, a Class C felony;
  •   One count of Vehicular Manslaughter in the Second Degree, a Class D felony;
  •   One count of Aggravated Driving While Intoxicated, an Unclassified misdemeanor;
  •   Two counts of Driving While Intoxicated, Unclassified misdemeanors; and
  •   One count of Reckless Driving, an Unclassified misdemeanor.

Justice Pilewski order Flores-Gracias held on $250,000 cash, $500,000 bond or 2.5 million partially secured bond during the pendency of the case. If convicted of the top count, Flores- Garcias faces up to 25 years in prison. Flores-Gracias is due back in court on October 25.

Suffolk County Sheriff Errol Toulon, second from left, with the family of Andrew McMorris, a Boy Scout fatally killed by a drunk driver in 2018. Photo courtesy Toulon's office

Suffolk County Sheriff Errol Toulon (D) recently joined roadway safety advocates to announce a summer campaign targeting drunk driving.

Beginning during the July 4 holiday weekend, Toulon’s Office will increase DWI patrols and checkpoints from Huntington to the East End, continuing these measures throughout the summer in an effort to keep Suffolk’s roadways safe. According to the Sheriff’s Office, its DWI team has already had record-high impaired driving arrests this year, with a nearly 40% increase in DWI/DUI arrests from 2022.

Coined “Operation H.E.A.T.,” the initiative aims to ramp up already heightened efforts to mitigate these increases.  

“The ‘heat’ is on this summer for drunk and drugged drivers in Suffolk County,” Toulon said during a press event Thursday, June 29. “Our deputy sheriffs will be out in full force patrolling the roadways with an eye out for impaired drivers. If you don’t drive sober, you will be pulled over.” 

Joining Toulon was the family of Andrew McMorris, a 12-year-old Boy Scout who was fatally hit by a drunk driver in 2018 while hiking with his Scout troop. The driver in that crash was found guilty of aggravated vehicular homicide and sentenced to 8 1/3 to 25 years in prison.

“The Andrew McMorris Foundation asks everyone this summer and always to please make a promise to never drink and drive,” said Alisa and John McMorris of the Andrew McMorris Foundation. “Call a cab, call a friend, save a life, start a trend. You don’t have to be a superhero to save someone’s life. Just take the keys.”

Paige Carbone, regional executive director of Mothers Against Drunk Driving, also attended the meeting. She offered her support for the department initiative, emphasizing the need for stricter enforcement.

“Summer is one of the deadliest times of the year on our highways,” she said. “MADD supports Operation H.E.A.T. and will join the efforts by providing staff and volunteers to participate in checkpoints across the county this summer.” 

The regional director added, “Our mission is to end drunk driving, and MADD encourages alternatives, such as designating a non-drinking driver, rideshares and using public transportation. That can prevent these crimes from happening.”

Toulon also offered these tips:

  • If you are hosting a party, designate a sober driver or arrange alternate transportation to ensure guests get home safely.
  • If you’ve been drinking and don’t have a designated driver, ask a sober friend for a ride home, call a taxi or rideshare service or stay for the night. 
  • Take the keys from a friend if you think they are about to drive while impaired. 

For more information on the Suffolk County Sheriff’s Office, please visit www.suffolksheriff.com.

Prom Night. METRO photo

By Leah S. Dunaief

Leah Dunaief

Prom season has arrived. It’s that wonderful, fairy tale time when Cinderella goes to the ball. It’s when fathers suddenly realize that their daughters, beautifully gowned, have now grown up. And mothers are proud to see their tuxedo-wearing sons have become men. The hairstyles, manicures and pedicures are in place, the dress has been selected, the shoes to match, the dangling earrings, the special makeup and perfume—the scene has been set. The tuxes are rented, the flowers selected, the shoes polished, the cummerbunds and bow ties fastened, the haircuts fresh, and they pose for the cameras.  Boys and girls, now ladies and gentlemen, go off in their borrowed or leased coaches for a night of celebratory fun to memories they will create for the rest of their lives. It is a coming-of-age moment.

It is the magical Senior Prom.

There can be a darker side to this brilliant affair. Decades ago, shortly after we started the first newspaper in 1976, prom nights ended with a string of terrible car accidents caused by drunken driving. It was a time when MADD was founded — Mothers Against Drunk Driving. This non-profit organization “seeks to stop drunk driving, support those affected by drunk driving, prevent underage drinking and strive for stricter impaired driving policy, whether that impairment is caused by alcohol or any other drug.” It was a movement founded out of grief by those who had lost their children to horrible accidents. Today, more than 40 years later, there is at least one MADD office in every state.

We, at the newspaper, responded to the crisis on a local level. We wrote a short paragraph pledging that the signer of this petition would think about safety on prom night and not drive drunk. We then placed those words at the top of a sheet of yellow lined paper, carried the pads up to Ward Melville High School toward the end of June, waited outside until an assembly involving the senior class had ended, and asked the seniors as they emerged from the hall to sign on the lines. In return, we promised to reprint that page in the newspaper with their signatures just as they wrote them.

We didn’t know how they would react, of course, whether they would laugh us off and continue to the exit or otherwise ignore us. But they didn’t do either of those. Instead, they lined up to sign. And we wound up, as I recall, with five legal pad pages of signatures. We printed the pages, just as we promised, each full page as a page in the newspaper. That year, there were no accidents.

Not long after, Dorothy Melville, widow of the late philanthropist, called our office and invited me to breakfast at her home in Old Field the next day. I appeared on her doorstep at the appointed time, not a little curious. She greeted me at the kitchen door with a big smile, showed me to a kitchen chair, asked me how I liked my eggs, donned an apron and proceeded to cook. 

When we finished, she stood up, left the room, then returned with her checkbook. She explained how important it was to combat drunk driving, especially among young people who thought driving buzzed was “cool.” She then wrote out a check to The Village Times and smiled as she handed it to me.

“I want you to use the interest from this money to finance those signature pages of students pledging not to drive drunk every year at prom time.”

I looked at the check and was amazed. It was for the sum of $10,000. In today’s money, that would be somewhere between $60,000-$70,000. I stammered my thanks and said something idiotic like, “Can you really do this?” She smiled and nodded, and I left the kitchen.

For years after, we repeated the project. There were no more local car accidents on prom night. Some 45 years later, we ask the same.

Local elected officials and representatives from Uber announced a new initiative called, Long Island Safe Ride, to combat drunk driving during Thanksgiving week Nov. 22. Photo from Sen. Gaughran's office

Thanksgiving Eve remains one of the busiest and deadliest nights of the year for accidents from drunk driving. The holiday sees increases in both drunk driving accidents and fatalities. To combat the issue this Thanksgiving, New York State Sen. Jim Gaughran (D-Northport), Nassau County Executive Laura Curran (D) and Nassau County District Attorney Madeline Singas joined Uber to announce a new initiative, Long Island Safe Ride, to combat drunk driving during Thanksgiving week. Long Island Safe Ride is a multipronged approach that will combine discounts for rides home with increased law enforcement efforts to deter drinking and driving.

“Long Island Safe Ride is a multifaceted, private-public partnership to remind everyone that drinking and driving have no place on our roadways,” Gaughran said. “This initiative, with discounts on Uber rides and increased law enforcement efforts under the leadership of County Executive Laura Curran and District Attorney Madeline Singas will help ensure our roadways are safe this holiday week.”

Under Long Island Safe Ride, Uber will be offering a $10 discount on rides home for Thanksgiving Eve to prevent driving under the influence. Law enforcement will be launching increased patrols and checkpoints to ensure roadways are safe from intoxicated drivers.

To take advantage of the Uber program, use the code SAFERIDENY19 at the Uber app between 9 p.m. Wednesday, Nov. 27, to 3 a.m. Thursday morning, Nov. 28. The $10 discount works anywhere in New York State. Uber is picking up the cost.

File photo

Suffolk County police arrested a man for allegedly driving while intoxicated following a crash during which officers had to rescue him from a burning vehicle in Mount Sinai March 9.

Jose Nunez was driving a 1999 Honda CRV westbound on Route 25A at Hallock Avenue when he allegedly lost control of the vehicle, crossed over the median, went over a front lawn and into the 7-Eleven parking lot, located at 1 Route 25A, where the vehicle side-swiped a light pole and crashed into a parked tractor trailer at approximately 2 a.m., according to police. The Honda was stuck in full throttle, and the engine of the SUV caught fire near the fuel cells of the tractor trailer.

Sixth Precinct officers, Port Jefferson EMS members, Mount Sinai Fire Department and Terryville Fire Department responded and found the driver trapped and unconscious. Sergeant Richard Grice used a fire extinguisher to put out the fire near the engine, while officers Jamie Treadwell and Brian Cann used another fire extinguisher to put out the fire near the rear of the vehicle, police said. Officer Chris Weiner, with assistance from fire department members, kept the driver’s airway open until rescuers, including officer Anthony Buonagurio, officer Fred Crasa and officer Thomas Wassmer, were able to use the Jaws of Life tool to cut the vehicle and pull Nunez to safety.

Nunez, who regained consciousness during the rescue, was transported with serious injuries to Stony Brook University Hospital. There was one person in the tractor trailer who was not injured.

Nunez, 25, of Port Jefferson Station, was arrested and charged with allegedly driving while intoxicated. Sixth Squad detectives are continuing the investigation. Anyone with information about the crash can call the 6th Squad at 631-854-8652.

Attorney information for Nunez was not immediately available.

Daryl Richardson mugshot from SCPD

An elderly man had one fracture and a broken bone after being hit by a car in an alleged drunk driving incident Monday afternoon.

According to police, the injured pedestrian, 89-year-old Dix Hills resident Louis Anania, was leaving a McDonald’s restaurant on West Jericho Turnpike in Huntington shortly after 4 p.m. when a westbound Toyota turned left toward the parking lot in front of an eastbound Chevrolet, causing a collision that sent the Chevy off the roadway and into Anania. The man was temporarily pinned between the car and the front of the building.

The Suffolk County Police Department said Anania was treated at Huntington Hospital for a broken collarbone and an open leg fracture.

An open fracture occurs when bone protrudes through a victim’s skin, or when a wound goes deep enough to expose bone.

Police arrested 56-year-old Daryl Richardson, a female Huntington Station resident and the Toyota’s driver, for allegedly driving while intoxicated after being treated for non-life-threatening injuries at Huntington Hospital.

Attorney information for Richardson was not immediately available on the New York State court system’s online database.

The Chevrolet driver, Huntington Station man Brian Davila, was also treated for minor injuries at that hospital and was released, police said.

Police impounded both the Toyota and the Chevrolet for safety checks.

Anyone who may have witnessed the crash is asked to call detectives at 631-854-8252.