A Greenlawn driver stopped for failing to move over for an emergency vehicle was arraigned Monday on a charge of driving drunk with two children in his vehicle, State Police said.
Mark Sidoti, 52, was going west on Sunrise Highway just after 11 p.m. Sunday in Manorville when a trooper was finishing paperwork on the shoulder, police said.
The state trooper had his vehicle lights flashing, said police spokesman Frank Bandiero. Under New York's "move over" law, motorists must move away at least one lane from fire, road repair and other emergency vehicles when safe, a measure that passed after several officers on traffic stops were struck and killed by passing motorists.
"The trooper looks up and down the road," Bandiero said. "It's dark. No traffic."
After Sidoti was pulled over, the trooper smelled alcohol on him, police said.
The driver failed field sobriety tests and was charged with felony aggravated driving while intoxicated, or Leandra's Law, because he had two children under the age of 16 in his vehicle -- his son, 12, and daughter, 9 -- Bandiero said. His wife was also a passenger, police said.
Sidoti, who was also charged with failing to move over, a violation, was released on a $1,000 cash bail, according to the Southampton Town Justice Court.
His attorney, Richard Pellegrino of Riverhead, said his client is not guilty and declined to comment on the specifics of the case: "He didn't do anything wrong."