Every time we think the news of the consequences of alleged drunk driving couldn’t get any worse, another tragedy emerges.
This past Sunday morning, police say that a man, Anthony Pollydore, was driving with his two stepchildren and his toddler on Eastern Parkway in Brownsville. At some point, his car skidded at a red light and slammed into a median and then into a light pole. Police report that none of the children was wearing a seat belt, and one of the passengers, an 11-year old boy, suffered “massive head trauma” and injuries to his lung in the accident. A 12-year old in the car was injured less seriously, but the toddler escaped injury despite being tossed around in the car. Police state that the father’s blood alcohol level was 0.094, higher than the legal limit of 0.08. Witnesses claim the driver was speeding just before the accident.
After the crash, Pollydore was charged with a number of offenses, including:
- Aggravated vehicular assault. Under Penal Law § 120.04-a, this offense consists of reckless driving under a number of different circumstances, including reckless while driving under the influence with a passenger under the age of 15 in the vehicle, and causing serious physical injury to that child.
- Aggravated driving while intoxicated. This offense includes driving under the influence with a child passenger under the age of 15.
It is certainly a sad and tragic story. But as is often the case, the story gets worse. Sometime after the injured child was taken to the Kings County Hospital, he died of his injuries. You can expect even more serious charges to be filed as the result of the child’s death.
One final note. Pollydore appeared his arraignment on Monday at Kings County Criminal Court, and it was disclosed that he has two prior DWI convictions over the past ten years. He was ordered held without bail.
We don’t know for sure what happened, but the message is nevertheless clear. Don’t drink and drive. If you ignore the advice, your life, as well as the lives of family members and others, could be destroyed in an instant. And in this case, there’s another lesson. The BAC of the driver was, according to the police, above the legal limit – but not by that much.
George Vomvolakis Law Offices
275 Madison Avenue
New York, NY 10016