Police: drunk driver flipped car with child inside

By Conor Mooney
By Amy Khuu

Police: drunk driver flipped car with child inside

November 12, 2013 Updated Nov 15, 2013 at 4:04 PM EDT

Newfield, NY (WBNG Binghamton) New York State Police arrested an Ithaca man accused of flipping his car with his child inside. Police said he was intoxicated.

It happened on Nov. 8 on Route 13.

State Police took Kevin Smith, 35, of Ithaca into custody.

They said his 8-year-old child was a passenger in the car when it crashed.

Officials said he had a Blood Alcohol Content of .12 percent.

Police added that Smith had marijuana in his possession.

Police arrested him under Leandra's Law, because there was a child under the age of 16 in the vehicle.

He was arraigned in Newfield Town Court and released to appear in court on Nov. 12.

He is charged with aggravated driving while intoxicated, endangering the welfare of a child and unlawful possession of marijuana.