DWI Defendant Allowed to Keep Her Driver's License

DA John Flynn "This is unacceptable"

WBEN photo/Mike Baggerman

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UPDATE: Erin Kuntz is now scheduled to return to Town of Aurora court at 2pm Tuesday.

Buffalo, NY (WBEN) -  Erie County DA John Flynn says he rarely calls a town court after an arraignment.  But he did Monday after an incident in East  Aurora Sunday night.   

30 year old Erin Kuntz of East Aurora was charged with DWI, vehicular assault and other charges after striking a 9 year old girl on a scooter.  Kuntz, who refused a breathalyzer, but was ordered to undergo a blood test, was released on her own recognizance after her arraignment - but - her driver's license was not taken away.

"When I found out about this, we immediately called Aurora Town Court and had the matter called back as soon as possible, which is Wednesday" said Flynn.   The matter was originally scheduled for August 7. Ms Kuntz was going to be driving around until August 7th, which is completely unacceptable," he said. 

Kuntz will appear Wednesday evening at 6pm at Aurora Town court.  Flynn says it's the law in a DWI case, when someone refuses a breath test, to take away the driver's license at araignment.  

Kuntz appeared before Aurora Town Justice Jeffrey Markello Monday.

According to police, Kuntz, was driving west on Main Street in the village Sunday evening when she drove off the road, struck a parked car, and then struck and injured the girl. Police said the girl, who is from Cheektowaga, was riding her scooter when she was hit.

The 9 year old girl, at last report, was in critical but stable condition at Oishei Children's Hospital.

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