Lindenhurst dad faces Leandra's Law charge

Gilbert Lopez-Silvero was charged with aggravated driving while Gilbert Lopez-Silvero was charged with aggravated driving while intoxicated under Leandra's Law, as well as with DWI and with endangering the welfare of a child Monday night, police said. (Sept. 2, 2013) Photo Credit: SCPD

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Officers responding to a 911 call about a domestic dispute Monday night in Lindenhurst arrested a 38-year-old man on drunken-driving charges after police said he returned to the scene in a 2013 Dodge Durango -- with his 2-year-old son in the sport utility vehicle.

Gilbert Lopez-Silvero was charged with aggravated driving while intoxicated under Leandra's Law, as well as with DWI and with endangering the welfare of a child. He is scheduled for arraignment Tuesday in First District Court in Central Islip, Suffolk police said.

Police said the child was not injured.

Police said officers had responded to a 911 call reporting a domestic dispute at the home on East Merritt Street at about 9:45 p.m. and were told that Lopez-Silvero had left the scene with his son. Police said Lopez-Silvero was arrested when he returned a short time later in the Durango, his son in the vehicle, and officers determined he was intoxicated.

Leandra's Law makes it a felony, even on first offense, to drive drunk with a passenger under age 16 in the vehicle. The law is named for 11-year-old Leandra Rosado, who was killed when the minivan she was riding in with a bunch of girls attending a sleepover party crashed on the Henry Hudson Parkway in 2009. The driver, Carmen Huertas, was found to have a 0.12 percent blood alcohol content and was later convicted of drunken driving. Six other children were injured in the crash.

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