Leandra's Law felony DWI following vehicle reported in a ditch in Springwater
Sparta resident charged
SPRINGWATER — A Sparta resident was arrested for felony DWI charges and a violation of Leandra’s Law following a crash in Springwater, Livingston County Sheriff Thomas Dougherty said.
On Nov. 18, at approximately 11:15 p.m. Sheriff’s Deputies responded to the area of Webster Crossing Road and Liberty Pole Road for the report of a vehicle in a ditch.
Sheriff’s Deputies arrived in the area and located the vehicle in question and identified the operator as Kathleen R. Klien, 41.
The Deputy Sheriff’s suspected that Klien was under the influence of alcohol. Deputy Justin Hilt, who is assigned to the Sheriff’s Office STOP DWI unit, conducted a DWI investigation which included the performance of standardized field sobriety tests. At the conclusion of the roadside investigation, Klien was taken into custody for DWI.
During the investigation Deputy Sheriff’s also determined that Klien had a 14-year-old passenger in the vehicle when she was operating. A records check revealed that Klien had a previous DWI conviction in Tennessee in May of 2019.
Klien was transported to the Sheriff’s Office headquarters in Geneseo and was offered to submit to a breathalyzer test to determine her blood alcohol content (BAC). However, Klien refused to submit to the breath test.
Klien was arrested and charged with felony Driving While Intoxicated, felony Aggravated Driving While Intoxicated with a child passenger under the age of 16 (Leandra’s Law), and Endangering the Welfare of a Child.
Klien was turned over to Central Booking Deputies at the Livingston County Jail for processing and pre-arraignment detention as the offenses did qualify for pre-arraignment detention under the NYS Justice Reform Act, as a Judge may set license restrictions however a Judge may not set bail.
Klien was later arraigned at the Livingston County Centralized Arraignment Part at the Livingston County Jail before Town of Caledonia Justice Mackay. The Judge did release Klien on her own recognizance per bail reform standards and Deputies set her free. Klien was provided a future court date to reappear.
Patrol Sergeant Joseph Zambito and Deputy Menzo Peck assisted with the investigation.