A 39-year-old man remains hospitalized in critical condition after a suspected drunk driver slammed into his BMW on Franklin Avenue in Franklin Square Thursday night, and police charged the woman behind the wheel with unlicensed operation. Nassau County police arrested 24-year-old Guisela Garay of Franklin Square, charging her with driving while intoxicated, vehicular assault, and operating a vehicle without a valid license.
According to DailyVoice.com, the collision happened around 9 p.m. Thursday when Garay's northbound 2018 Toyota struck a 2018 BMW that was turning westbound near Cloud Avenue. Newsday reports police pinpointed the crash at 8:52 p.m., as the BMW attempted to turn onto Cloud Avenue from Franklin Avenue — an intersection in the hamlet of Franklin Square. The BMW driver, 39, suffered trauma to his legs and body and was rushed to an area hospital in critical condition, per police.
Police determined Garay was intoxicated at the time of the crash. Beyond the DWI charge, she was booked on first- and second-degree vehicular assault, as the same report notes, along with first-degree aggravated unlicensed operation of a motor vehicle.
Why the Charges Escalated to Felonies
Under New York Vehicle and Traffic Law § 511(3), first-degree aggravated unlicensed operation can apply through a route requiring second-degree aggravated unlicensed operation plus an alcohol- or drug-impaired-driving violation, among other routes to first degree, according to Tilem & Associates. A conviction for first-degree aggravated unlicensed operation also carries mandatory fines ranging between $500 and $5,000, the firm notes.
The top charge against Garay, first-degree vehicular assault, is a Class D felony under New York Penal Law § 120.04 that carries a potential penalty of up to seven years in state prison, per Stengel Law. That top-tier charge requires the underlying commission of second-degree vehicular assault plus statutory aggravating factors.
Garay was scheduled to be arraigned Friday in First District Court in Hempstead, Nassau County's central venue for processing initial felony and misdemeanor arraignments, per Newsday. In-custody arraignments are held seven days a week.
An Open Question That Could Reshape the Case
The severity of the BMW driver's injuries leaves the case in an uncertain place. Aggravated vehicular assault requires reckless driving, serious physical injury, and a listed aggravating circumstance; worsening injuries alone would not establish those elements, according to legal analysis from 1800NYNYLaw. The BMW driver's condition remains critical, and the case's eventual outcome is uncertain. As the case proceeds, questions about the evidence may arise.
Another Nassau County DWI Case
The crash underscores the risks of impaired driving on Long Island.
The Nassau County District Attorney's office runs interactive prevention programs featuring young DWI defendants for local high schoolers. Garay's case follows one other recent felony DWI case in the county: a North New Hyde Park driver's guilty plea earlier this month in a fatal hit-and-run in Lake Success.
