A Flanders man is facing an aggravated DWI charge under Leandra’s Law after a crossing into the oncoming lane of traffic on Hubbard Avenue last night and forcing a State Trooper vehicle off the road, according to a State Police press release.
Police said Francisco Andres-Miguel, 45, was operating a 2007 Honda Pilot westbound on Hubbard Avenue at about 8:05 p.m. last night when he crossed into the eastbound lane and into the pate of a State Trooper. The trooper and the driver of a vehicle being the police car drove up onto an embankment to avoid a collision, according to the press release.
The trooper turned around and pulled the Honda Pilot over, police said. While interviewing the driver, the trooper smelled alcohol on him and performed standardized field sobriety testing, which Andres-Miguel failed, according to the report.
Andres-Miguel had three children in the vehicle at the time of the incident, police said.
An investigation also determined that Andres-Miguel had an active stay-away order of protection preventing him from being with the three children in the vehicle.
State Police charged Andres-Miguel with DWI/previous conviction and Aggravated DWI with a child passenger (Leandra’s Law), both Class E felonies, along with Endangering the Welfare of a Child and Criminal Contempt in the Second Degree, both Class A misdemeanors.
Andres-Miguel was arraigned in Riverhead Town Justice Court and was remanded to the Suffolk County Jail.
Editor’s note: A criminal charge is an accusation. A person charged with a crime is presumed innocent unless proven guilty in a court of law.
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