A Montauk man with a history of drunken driving was charged with two felonies last week after police found him driving drunk again, this time with his 12-year-old son in the car.
East Hampton Town police arrested Cesar P. Guachun-Conde on charges of aggravated driving while intoxicated under the Child Passenger Protection Act, also known as Leandra’s Law, which makes it an automatic felony in New York State to drive under the influence with anyone under the age of 15 as a passenger. He has been convicted twice of D.W.I. charges, making the second charge an automatic felony as well.
Mr. Guachun-Conde, 42, was with his son at their apartment on West Lake Drive late at night, and had been drinking when he made the boy go with him to the 7-Eleven, according to court information. They got into his 2018 Toyota 4Runner at about 12:30 a.m. and were headed west on West Lake Drive when an officer saw the vehicle go over the white fog line, moving from the lane unsafely. The driver also failed to signal appropriately.
Police pulled the vehicle over near Flamingo Avenue. Mr. Guachun-Conde appeared intoxicated, they said; his eyes were bloodshot and glassy, his speech was slurred, and he was unsteady on his feet. The officer could also smell alcohol on his breath, though he admitted to having only one beer. The 12-year-old was in the front passenger seat.
The driver was placed under arrest at about 1:15 a.m. Police discovered he had a conviction dating to March 14, 2010, in East Hampton Town Justice Court and another on June 8, 2012, in Suffolk County Court. In addition to the felonies, he was also charged with acting in a manner injurious to a child under 17, a misdemeanor.
Under the new bail reform laws, no cash bail could be set. Justice Steven Tekulsky released Mr. Guachun-Conde on his own recognizance.
Police released the boy into his mother’s custody.
On Saturday morning, a Hampton Bays man was charged with misdemeanor aggravated D.W.I.; police said his blood alcohol content was above .18 when they pulled him over in Montauk. Angel Franco-Rojano, 29, was driving erratically in a 2012 Honda Civic west on Montauk Highway near South Eagle Street, at about 11:25 a.m., and following another car too closely, police said.
During the traffic stop, the officer noticed signs of intoxication and the driver performed poorly on all field sobriety tests. Police also found his driving privileges had been suspended on Oct. 31, 2019, for a pending drunken driving-related prosecution. In addition to aggravated D.W.I., he was charged with felony aggravated unlicensed operation of a motor vehicle, and held throughout the day and overnight, having missing arraignments on Saturday. On Sunday, Justice Lisa R. Rana released him on his own recognizance.
Sag Harbor Village police arrested a Bridgehampton woman after she made an illegal U-turn on Main Street on Saturday at about 1:15 a.m. Ingun E. Eirikdottir, 36, was driving a 2006 BMW 750 north when, police said, she crossed the double yellow lines into the oncoming lane of travel. A police officer spotted the U-turn and stopped her in front of 186 Main Street.
She performed poorly on field sobriety tests, police said, and was charged with misdemeanor D.W.I., as well as operating a motor vehicle without a valid license and failing to obey traffic commands.
Justice Rana, who also serves on the bench in Sag Harbor Village, arraigned her on Sunday. She was released on her own recognizance.