Leandra’s Law Felony DWI Following Crash Into Mailbox with 12 Year Old Child

 

– Sheriff Thomas J. Dougherty reports the arrest of a Caledonia NY resident for a violation of Leandra’s Law.

On November 21, 2020 at approximately 08:00 A.M. Sheriff’s Deputies responded to the area of Caledonia-Avon Road for the report of a vehicle that struck a mailbox. Deputy Marty Herkimer located the vehicle in question on Telephone Road and initiated a traffic stop. The operator of the vehicle was identified as 27 year old Vitalii Melnychuk.  The Deputy Sheriff suspected that Melnychuk was under the influence of alcohol and conducted a DWI investigation which included the performance of standardized field sobriety tests. At the conclusion of the roadside investigation, Melnychuk was taken into custody for DWI.

During the investigation it was determined that Melnychuk had a twelve (12) year old passenger in the vehicle when he was operating.

Melnychuk was transported to the Sheriff’s Office headquarters in Geneseo where Deputy Jason Hamilton of the Jail Division, administered a breathalyzer test. The breathalyzer revealed that Melnychuk had blood alcohol content (BAC) of .09%.

Melnychuk was arrested and charged with felony Aggravated Driving While Intoxicated with a child passenger under the age of 16 (Leandra’s Law), Driving While Intoxicated, Endangering the Welfare of a Child and violations of the Vehicle and Traffic Law including Leaving the Scene of a Property Damage Accident.

Melnychuk 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, however a Judge may not set bail.

Melnychuk was later arraigned at the Livingston County Centralized Arraignment Part (LC-CAP) at the Livingston County Jail before Town of Caledonia Justice Mackay. The Judge did release

Melnychuk on his own recognizance (ROR) per bail reform and Deputies did set him free. Melnychuk was provided a future court date.  Deputy Cheyenne Masiello assisted with the investigation.