A Hempstead man was arrested Sunday and charged with driving while intoxicated with his 4-year-old son as a passenger, police said.

Nassau police said Mardoqueo A. Lemus, 36, of 66 Glenmore Ave. in Hempstead, was driving north on South Franklin Avenue in Hempstead when he was involved in an auto accident with another vehicle near Peninsula Boulevard about at 2 p.m.

Police said they determined Lemus was under the influence of alcohol and found that his 4-year-old son was riding in the car without a car seat. The 4-year-old was picked up at the scene by a family member, police said.

The female driver of the second vehicle was taken to a hospital for treatment of minor injuries, police said.

Lemus was charged under Leandra's Law with aggravated driving while intoxicated, and two counts of driving while intoxicated. He also was charged with endangering the welfare of a child.

He was expected to be arraigned Monday in First District Court in Hempstead.

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