The Second Time Around

Because of his age, East Hampton Town Justice Court and the police withheld the name of a Montauk 18-year-old when they charged him this summer with driving while intoxicated, but he was identified on Sunday following a second such arrest.

Dylan Lackner was granted youthful offender status by Justice Steven Tekulsky after the first incident. As a youthful offender, the conviction drops off his record. Things change somewhat, however, upon a second arrest. Under the state penal code, while the court can still treat the defendant as a youthful offender, he loses his cloak of anonymity. The law states that the restriction “shall not apply where such youth has previously been adjudicated a youthful offender or convicted of a crime.”

East Hampton Village police stopped Mr. Lackner, driving a 2000 Jeep, at about 10:30 Sunday morning for speeding. The stop occurred on James Lane near Ocean Avenue. The arresting officer reported a strong smell of marijuana in the car, and said there was alcohol on the driver’s breath. Mr. Lackner allegedly told the officer he had been drinking earlier and had just smoked marijuana. He handed over a “three-foot-long glass pipe,” according to the report.

Police patted him down and reported finding 22 tablets of Xanax, a controlled substance. Mr. Lackner told them he did not have a prescription for the drug.

He failed roadside sobriety tests, officers said, and was taken back to Cedar Street headquarters, where a breath test produced a reported reading of 0.13.  The young man was charged with felony drunken driving, an automatic charge following a recent D.W.I. conviction, though his lawyer, Rita Bonicelli of the Brill Legal Group, predicted on Tuesday that the charge would be reduced to the misdemeanor level because of his youthful offender status during the prior case.

He was arraigned on Monday morning before Justice Lisa R. Rana, who released him without bail but placed him back on Justice Tekulsky’s calendar for next Thursday.

An East Hampton man also faces a felony charge of drunken driving, following his arrest last Thursday night. German E. Solares, 55, driving a 2011 Dodge pickup truck on Stephen Hand’s Path in East Hampton, was swerving across lane lines when they stopped him, town police said. Back at Wainscott headquarters, his breath test reportedly produced a 0.16 reading. Mr. Solares was found to have a previous D.W.I. conviction within the past 10 years, and his bail was set at $10,000, which was not originally posted. He has since been released.

Southampton Town police charged a Springs man with drunken driving on Saturday night, following a hit-and-run incident on County Road 39 in which there were no injuries. It was the second D.W.I. charge against Jose N. Reyes, 25, in five months.

According to the police, Mr. Reyes, driving east in a 2004 Ford pickup truck, struck another vehicle and kept going. He was pulled over about a mile away. He had an open container of alcohol in the cab, police said.

East Hampton Town police had also charged him with misdemeanor D.W.I. on May 10, at which time a breath test produced a reading of 0.09. He was additionally charged with unlicensed driving, and Town Justice Lisa R. Rana revoked his right to drive at his arraignment. “You cannot drive,” she told him. If he did, he would be charged with either a misdemeanor or a felony, depending upon the circumstances.

Saturday’s arrest, following which he refused to take the breath test, triggered the latter charge. In addition, he was charged with leaving the scene of an accident at the violation level. He now faces charges in two courts; the earlier case is still pending.

Mr. Reyes was released the next morning after posting bail.

A Springs woman is facing a misdemeanor charge of D.W.I. after her arrest Saturday night. Police said Laura V.  Garcia-Santana, 27, was swerving across lane lines when they stopped her 2010 Honda on Route 114. When she was asked to get out of her car, she had trouble standing, leaning on the Honda for support, the officer said.

Back at headquarters, she refused to take the breath test. She was released without bail, due to her roots in the community, but with a future date in court.

Also on the court’s criminal calendar on D.W.I. charges are Kristine E. Gaudy, 51, and Evan Charles Benson, 22. Ms. Gaudy, who has a house in Amagansett, and Mr. Benson, who lives in Northwest Woods, were both said to have blood-alcohol levels slightly over the 0.08 reading that triggers the charge. Each was released without bail.