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February 20, 2014

Mother with child arrested for DWI

STAFF REPORT
The Daily Star

---- — A Norwich mother was arrested Tuesday night for driving drunk with her child in the vehicle, a class E felony, according to New York State police blotter.

Emily A. Bixby, 31, was arrested after state police at Binghamton responded to a complaint of a vehicle that had driven off Colesville Road in Colesville. Troopers discovered Bixby and her five-year-old child in the car, which was off the road and stuck in the snow, according to Binghamton troopers.

Troopers said Bixby refused to take a breath test, but an investigation determined that she was intoxicated. She was arrested and charged with third-degree aggravated unlicensed operation of a motor vehicle, driving while intoxicated and aggravated driving while intoxicated with a child, troopers said.

Bixby was arraigned in the Town of Colesville Court and remanded to the Broome County Jail on $1,500 cash bail. Troopers said the five-year-old passenger was turned over to a family member. 

Under the state’s Child Passenger Protection Act, or “Leandra’s Law,” any individual who is driving while intoxicated and transporting passengers 15-years-old or younger is automatically charged with a class E felony. If convicted, the law also requires the individual to have a mandatory ignition interlock system, which prevents he or she from starting the car if intoxicated.

The law was put into place in 2009 after 11-year-old Leandra Rosado was killed in a car accident. The driver of the vehicle, who was the mother of one of Rosado’s friends, was drunk driving in Manhattan when the crash occurred. Six other children were injured in the accident.