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Cops: Mom charged under Leandra's Law

Brenda Lally, 44, of Linder Place in Smithtown,

Brenda Lally, 44, of Linder Place in Smithtown, was arrested and charged with aggravated driving while intoxicated with a child in the vehicle under Leandra's Law and endangering the welfare of a child, police said. (April 14, 2011) Photo Credit: SCPD

Police responding to a 911 call stopped a 2010 Toyota on Fifty Acre Road South in Smithtown Wednesday night and arrested a Smithtown woman they said was driving drunk with her 10-year-old son in the car.

Brenda Lally, 44, of Linder Place, was charged with aggravated driving while intoxicated with a child in the vehicle under Leandra's Law. She also was charged with endangering the welfare of a child.

Police said a 911 caller tipped them to the situation and said responding officers stopped Lally in her Toyota as it traveled west on Fifty Acre Road near Lindner Place at about 9:45 p.m.

Lally was scheduled for arraignment Thursday in First District Court in Central Islip.

The boy was unharmed and was later released to a family friend, Suffolk County police said.

Leandra's Law is named for 11-year-old Leandra Rosado, who was traveling in a van with girls attending a sleepover when the driver, Carmen Huertas, flipped the vehicle on the Henry Hudson Parkway in October 2009. Six other children were injured. Huertas later pleaded guilty to manslaughter.

The law, enacted a month later, makes it a felony on first offense to drive drunk with a child under the age of 16 in the car.

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