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Man charged under Leandra's Law

Sean Durham, 52, of St. James has been

Sean Durham, 52, of St. James has been charged with aggravated driving with a child while intoxicated - a felony under Leandra's Law -endangering the welfare of a child, criminal possession of a controlled substance and aggravated unlicensed operation of a motor vehicle. (March 4, 2011) Photo Credit: Suffolk County Police Department

He was drunk, his daughter in the car, police said.

Now Sean Durham, 52, of Sixth Street in St. James, is under arrest, charged with driving while intoxicated under Leandra's Law, which makes it a felony to drive drunk with a child under age 16 in the car.

Suffolk County police said Durham was stopped on Jericho Turnpike near Calvert Avenue in Commack at 8:35 p.m. Thursday after his 2007 Honda was stopped by a Second Precinct patrol officer for erratic driving. A taillight also was not working, police said.

Police said the officer determined Durham was intoxicated and arrested him.

His 15-year-old daughter was in the car. She was placed with a family member, police said.

Durham was charged with aggravated DWI with a child in the vehicle under Leandra's Law, as well as with endangering the welfare of a child, third-degree aggravated unlicensed operation of a motor vehicle and seventh-degree criminal possession of a controlled substance for cocaine.

Durham is scheduled for arraignment in First District Court in Central Islip Friday.

Leandra's Law is named for 11-year-old Leandra Rosado, who was killed when her friend's mother overturned the van she was driving while drunk on the Henry Hudson Parkway in 2009.

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