Man Charged with Felony DWI after Accident: First Time Leandra’s Law Applied in 106th Precinct

For the first time since the law went into effect last year, a driver has been charged with allegedly violating Leandra’s Law within the confines of the 106th Precinct.

Police say James Swinton was booked on felony driving while intoxicated charges on Tuesday after Officer Colin Dyer responded to a two-vehicle accident on the Belt Parkway near the exit for Crossbay Boulevard.

While speaking with Swinton at the scene, Officer Dyer smelled alcohol on his breath, according to police. After a breathalyzer test showed Swinton’s blood alcohol to be above the legal limit, Swinton was taken to the precinct stationhouse and charged with DWI.

The charges were escalated after Officer Dyer discovered that Swinton’s five-year-old daughter was inside the car. As a result, in addition to DWI, Swinton is also charged with endangering the welfare of a child, and the DWI count is raised to a felony. He has a prior criminal record that includes several DWI arrests, according to police.

Officer Dyer was slated to be honored at this past Wednesday’s 106th Precinct Community Council meeting as Cop of the Month.

Leandra’s Law was signed in December 2009 by former Governor David Paterson.  It’s named after 11-year-old Leandra Rosado, who was killed in a car accident on the Henry Hudson Parkway. The vehicle, which contained seven other children, was driven by a family friend who was drunk.

 

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