Long Island man arrested for alleged DWI with children in car

WINDHAM, N.Y. (NEWS10)-- A Smithtown man was arrested after a traffic stop on Saturday. Donald Durando, 44, was charged with Leandra's Law, aggravated driving while intoxicated with a child-passenger less than 16, a class E felony.

Around 10:08 p.m., troopers out of Coxsackie conducted a traffic stop of a 2021 Cadillac Escalade on South Street in Windham, for vehicle and traffic violations. Upon an interview with the driver, Durando, troopers reported smelling a strong alcoholic beverage odor allegedly coming from Durando's breath.

Durando agreed to a field sobriety test, which trooper said he failed and was placed under arrest. Two children, under the age of 16 were found in the car.

Leandra's Law became effective in 2009, after Leandra Rosado, an eleven-year-old girl was killed in a car accident after the driver, who had allegedly been drinking for several hours prior to the crash, lost control of her vehicle on the Henry Hudson Parkway. According to the New York Court System, first-time offenders driving while intoxicated or impaired by drugs, with a 15-year-old or younger child passenger can be charged with a class E felony punishable by up to four years in prison and can be subject to losing their license.

According to Troopers, Durando refused chemical testing to determine the blood alcohol content in his system. He was then released with an appearance ticket to the Town of Windham Court on February 12, 2025, at 3 p.m.