Leandra’s Law Lodged in Arrest

    At about 2 a.m. on Friday, an East Hampton Town police officer pulled over a blue Subaru that was reportedly doing 44 miles per hour in a 30-mile-per-hour zone on Main Street in Amagansett. When speaking with the driver, Daniel I. Bailey, 30, of Southampton, the officer noticed a strong smell of marijuana in the car and coming from Mr. Bailey, police said. The officer reported a smell of alcohol coming from Mr. Bailey, as well.
    Mr. Bailey failed standard roadside sobriety tests, after which he refused to take a field breath test, according to police. He was arrested and charged with driving while intoxicated and driving with ability impaired by drugs.
    The D.W.I. charge, normally a misdemeanor, was in this case elevated to a felony because, according to the charges against Mr. Bailey, there was a youth under the age of 16 in the car. This triggered the state’s Leandra’s Law, which requires a driver to consent to a blood test to determine blood alcohol content. If the driver refuses, police can get a subpoena.
    When Mr. Bailey refused to submit to a blood test, police said, they got in touch with Suffolk County Court Judge James C. Hudson, and blood was drawn. He was arraigned later that morning in Sag Harbor Village Justice Court by Justice Andrea Schiavoni, who set bail at $2,500.
    Leandra’s Law was enacted after the death of Leandra Rosado in a crash in 2009. She was an 11-year-old passenger in a car driven by a drunken driver. The law was enacted a month after her death.
    In addition to Mr. Bailey, five other alleged drunken drivers were arrested recently by police and charged with driving while intoxicated. In all cases that result in a D.W.I. arrest, an arresting officer must have a reason to suspect that a driver is intoxicated. Usually it is the smell of alcohol, or slurred speech, or a clear lack of coordination when a driver pulls out a license and registration. This leads to roadside sobriety tests, which if failed will lead to an arrest.
    After being arrested, the driver will be taken to headquarters, read their rights, and asked to submit to a breath test, the results of which are admissible in court. Refusal to take this test results in an automatic revocation of driving privileges.
    Here are the recent arrests that have been reported by police:
    Two officers responding to a report of a possible drunken driver on Old Montauk Highway in Montauk last Thursday stopped Joseph M. Cortese Jr., 48, of Tuxedo Park, N.Y., near Davis Drive. According to police, there were two open bottles of Bacardi Rum in the car.
    Mr. Cortese had been issued a conditional license after an earlier alcohol-related charge that is still pending in the courts, but that license had been suspended in May of last year.
    Mr. Cortese’s breath test produced a reading of .21, police said. The car was impounded because of his suspended license, and because of the time of the arrest, about 9:30 in the morning, Mr. Cortese spent a full day and night in a holding cell at police headquarters before being arraigned the next morning in front of East Hampton Town Justice Catherine A. Cahill. Bail was set at $500, and Mr. Cortese was turned over to the sheriff’s office and taken to the county jail in Riverside.
    Betty M. Dankowski, who is 25 and lives in Wainscott, was allegedly driving a 2011 BMW erratically on Montauk Highway in Amagansett at about 12:30 a.m. on Saturday. A breath test produced a reported blood alcohol reading of .14. Town Justice Lisa R. Rana released her without bail because of her ties to the community, but she has a future date in court.
    Also arrested that day was Patrick A. Lockwood, 32, of East Hampton. According to the arrest report, he was seen driving a white Ford pickup truck west at about 2:30 a.m. on Main Street in Amagansett near the Stephen Talkhouse while tailgating the car in front of him. He then allegedly pulled out and passed the slower car despite the street being crowded with a late-night weekend crowd. Mr. Lockwood sped away, the report said, with an officer in pursuit, siren activated, before coming to a stop at the Abraham’s Path intersection.
    He refused a breath test at the station house, police said. Bail was set at $500.
    Police said they clocked a 2010 Mercedes-Benz doing 46 miles per hour in a 30-mile-per-hour zone, which led to a traffic stop and the arrest of the driver, Brian J. Stefano, 28, of Chadds Ford, Pa., at 1:30 a.m. on Aug. 22. He registered a reported .13 blood alcohol level. Justice Cahill set bail at $350 later that day.
    Astrid L. Rubin, a 29-year-old Southampton resident, was arrested at about 4 a.m. on Aug. 22 after being stopped for erratic driving on Old Stone Highway in Springs and for having a non-working taillight, police alleged. Her blood alcohol level was said to be .14. Justice Cahill set her bail at $300 later that day.