Hitting a curb outside New Hartford Wal Mart leads to DWI arrest

Claudia Fleming, from New Hartford Police Dept.

A Utica woman is charged with driving drunk, with a child in her car. New Hartford Police say Claudia Fleming, 53, was leaving the Wal Mart store on Commercial Drive Monday evening at 10:10 p.m. when she hit a curb. An officer saw it happen and pulled her over.

Investigators say the officer was, "able to detect the odor of alcohol," and she was taken into custody for DWI. There was a five-year old child in the vehicle who police say was not properly restrained in the car. Fleming was watching the child, and the young girl was picked up by family members.

Fleming is charged with having a blood alcohol content over .08%, Aggravated DWI with a child in the car (Leandra's Law - a felony) and Endangering the Welfare of a Child.

Leandra's Law was signed into law on November 18, 2009 in honor of Leandra Rosado. Leandra was an 11-year old killed while she rode in a vehicle with the intoxicated mother of one of her friends. In response to this tragedy, the NYS Legislature strengthened the penalties against motorists who drink and drive. The law requires any person sentenced for Driving While Intoxicated on or after August 15, 2010 to have an ignition interlock device installed on any vehicle they own or operate. Also, the driver will have an "ignition interlock" restriction added to their license.