Lowville man charged with felony DWI under Leandra’s Law

FRIDAY, FEBRUARY 3, 2012
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A Lowville man is facing a charge of felony aggravated driving while intoxicated under Leandra’s law following a personal injury accident Wednesday evening in the town of Martinsburg.

Duane A. Rush, 39, of 5434 Park Place, is also cited with endangering the welfare of a child and second-degree aggravated unlicensed operation in connection with the 6:40 p.m. accident on East Martinsburg Road. Police said his vehicle overturned in a ditch, but landed upright. He had a passenger who was under age 16, prompting the felony charge, police said.

No information was available about who was injured. Mr. Rush had a breath test reading of 0.17 percent blood alcohol content, police said. Under state law, a BAC of 0.08 or more percent constitutes intoxication.

Also charged with DWI and related offenses:

■ Barbara A. Och, 54, of 112 Barker Road, Lot 15, Antwerp, was arrested by Jefferson County sheriff’s deputies at 2:30 a.m. Friday on Route 11 in the town of LeRay, and also is cited with making an unsafe lane change and consuming an alcoholic beverage in a vehicle. She tested at 0.15 percent BAC, according to the sheriff’s office.

■ Brian D. Recore, 38, of 17801 County Route 156, also was charged by state police with speeding at 59 mph in a 45-mph zone and driving without a license at 10:50 p.m. Wednesday on Route 11 in the town of LeRay, Police listed his BAC as 0.16 percent.

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