A 26-year-old Peekskill man was arrested early Sunday after Putnam County deputies say they stopped his car on Route 22 and found a 6-year-old child riding with him. The driver now faces felony aggravated driving-while-intoxicated charges tied to the young passenger, along with several related counts. Authorities say he was taken to the Putnam County Correctional Facility and later arraigned in Town of Southeast Justice Court.
Deputies say they pulled the vehicle over at about 1:43 a.m. after watching it cross over the double-yellow center line on Route 22, according to the Putnam County Sheriff's Office. The department listed the arrest among its weekend highlights on the agency news page.
During the traffic stop, deputies determined the driver was intoxicated and discovered a 6-year-old passenger in the vehicle, local reporting said. Daily Voice identified the driver as 26-year-old Fausto Elizo Guerrero Benalcazar of Peekskill and reported he was booked on counts including aggravated DWI with a child passenger, aggravated DWI with a blood-alcohol content of .18% or higher, driving while intoxicated with a BAC of .08% or greater, and failure to obey a traffic control device.
What Leandra's Law Means
New York’s Child Passenger Protection Act, commonly called Leandra’s Law, elevates a DWI to a Class E felony when a driver has a passenger 15 or younger and a BAC of .08 or greater. A first-time felony conviction can carry up to four years in prison and triggers an automatic license suspension during the criminal case, the state court system explains. The law also sets stiffer penalties if a child is seriously injured or killed while in the vehicle.
Court And Next Steps
Guerrero Benalcazar was arraigned in the Town of Southeast Justice Court and released on his own recognizance, local reporting said. The case will move forward in local court, where prosecutors will decide whether to pursue the felony charge under Leandra’s Law.
Sheriff's Office Notes
The sheriff's office included the stop in its broader weekend roundup of calls, noting that deputies handled multiple traffic and safety-related responses across Putnam County. The department's posts also remind readers that suspects are presumed innocent until proven guilty in court, according to its news page.
