YORKTOWN, N.Y. - A Yonkers couple is accused of driving drunk with their two children, ages 5 and 9, in the car, according to the Yorktown Police Department.
James Berry, 36, and Alice Berry, 35, were arrested shortly after midnight Friday and now face aggravated driving while intoxicated charges for allegedly violating Leandra’s Law, which makes it a felony to drive drunk with a child aged 15 or younger in the vehicle, police said.
According to police, a report came in around 11:20 p.m. Thursday that a car was driving erratically on Lexington Avenue and Crompond Road, and was allegedly driving southbound on the northbound Taconic State Parkway.
Both James and Allison Berry are accused of operating the car at some point, allegedly stopping to switch drivers, police said.
The car was located on Crompond Road and the couple was arrested around 12:15 a.m.
They were both charged with two counts of aggravated driving while intoxicated (Leandra’s Law), a Class E felony, and two counts of endangering the welfare of a child, a Class A misdemeanor. They are also both accused of not properly restraining their children, which is a traffic law violation.
James Berry is also accused of driving while his license was suspended and with a blood-alcohol content greater than 0.18, both misdemeanor charges.
Alice Berry was also charged with driving while intoxicated, a misdemeanor, and for allegedly not having a front plate on her car, a traffic law violation.
They were both released on $1,000 cash bail and are due back in Yorktown Justice Court on July 12.