He was driving drunk with a 3-week-old child, in an unrestrained car seat, in his car, Nassau County police said.
The child is safe. But now Juan Chimbo, 27, of Siegel Street, Westbury, is under arrest, charged with aggravated driving while intoxicated under Leandra’s Law, as well as with endangering the welfare of a child and DWI, police said.
He also was issued “several” traffic citations and is scheduled to appear for arraignment Monday in First District Court in Hempstead, police said.
Police said Chimbo was driving a 2001 Honda southbound on Post Avenue “in an erratic manner” when he was stopped by Third Precinct officers Sunday at 11:18 p.m., police said.
During that stop police said the officers determined Chimbo was under the influence and was driving with the infant, who police said “was seated in an unrestrained car seat in the rear of the vehicle.” Police could not immediately detail the child’s relationship to Chimbo. They said there were three other adults in the vehicle and said the child was released to the custody of family members. There were no reported injuries.
Leandra’s Law is named for 11-year-old Leandra Rosado, who was killed in October 2009 when the car she was riding in, driven by a drunken driver, overturned on the Henry Hudson Parkway in Manhattan. Rosado had been attending a sleepover party and was one of seven girls in the car when it overturned.
The driver, Carmen Huertas, was later convicted and sentenced to 4-to-12 years in prison.
The law, enacted in November 2009, makes it a felony, even on first offense, to drive drunk with a child 15 years or younger in the vehicle.