A Water Mill man was charged with felony driving while intoxicated Sunday afternoon.
Christian G. Marcatoma-Chaca, 26, was seen driving erratically on North Main Street near Collins Avenue in East Hampton before police pulled him over, they said. Because there was a child under 16 in the vehicle, the charge fell under New York State’s Leandra’s Law, which was established in 2009 after the death of an 11-year-old girl who was a passenger in a car driven by a drunken driver. Police said the driver’s 5-year-old niece was asleep in the back seat of the car at the time of the traffic stop. Police said Mr. Marcatoma-Chaca had bloodshot eyes and alcohol on his breath, and performed poorly on field sobriety tests.
He was charged with first-offense D.W.I. and acting in a manner injurious to a child under 17, and was held for the rest of the day and night for arraignment Monday morning. First-time D.W.I. offenses, which are normally misdemeanors, are elevated to felonies punishable by up to four years in jail where Leandra’s Law is a factor.
Justice Steven Tekulsky released Mr. Marcatoma-Chaca on his own recognizance after the arraignment in East Hampton Town Justice Court. He is due back in court on June 21.