Third Driving Arrest a Felony

Diego Juan Matias of Riverhead, left, and Spencer A. Irving of Port Washington and Hampton Bays were both arraigned on felony drunken driving charges Saturday morning. T.E. McMorrow

Two men charged with felony drunken driving were arraigned in East Hampton Town Justice Court Saturday morning.

Spencer A. Irving, 26, of Port Washington and Hampton Bays, was westbound on Route 27 near West Lake Drive in Montauk in a 2009 Nissan Altima when he failed to signal a turn, leading to a traffic stop early Saturday. He failed roadside sobriety tests, according to town police, who transported him back to headquarters, where, they said, a breath test produced a reading of .16, over twice the legal limit.

Justice Lisa R. Rana noted during Mr. Irving’s arraignment that this was the third time he had been charged with either misdemeanor drunken driving or driving while ability impaired by alcohol, a violation. In separate incidents in 2014, he was convicted of both charges. Mr. Irving could lose his driving privileges for five years or more under the State Department of Motor Vehicles “lifetime lookback” policy, which can be triggered by a third alcohol-related arrest.

“I’m handing down the suspension of your driving privileges,” Justice Rana said. She set bail at $25,000, which was not immediately posted. Mr. Irving was turned over to the county sheriff’s department and taken to jail. His father posted bond the next morning.

The other man arraigned on the felony D.W.I. charge, Diego Juan Matias of Riverhead, 34, has been in custody since his arrest on Friday. Police pulled his 2002 Hyundai over around noon, on Atlantic Avenue in Amagansett, for swerving, and said his breath test produced a reading of .23, the highest of the week. The charge is an automatic felony because of a 2012 conviction for driving while intoxicated.

Mr. Matias was also charged with felony unlicensed driving. Bail was set at $10,500, and had not been posted as of yesterday. He was scheduled to be released today if not indicted, as required by law.

Leland C. Muller of Springs was arrested Saturday night after his 2005 Chevrolet swerved at least three times off Shore Road, near Lazy Point Road in Amagansett, according to police. The charge against him was classified as an aggravated misdemeanor, his breath test having reportedly come in at .21.

  “This [charge] is only an allegation, I get that,” Justice Rana told him, “but an alleged reading of .21 at your age, 23?” She agreed to release him without bail, but with a future date on her criminal calendar.

James Ray Ewing, 47, of Palm City, Fla., was arrested in Montauk early on Aug. 2; police said he failed to signal as his 2017 Ford turned from West Lake Drive to East Flamingo Avenue. He refused the breath test at headquarters, resulting in an automatic yearlong license suspension in this state. He was additionally charged with misdemeanor possession of a controlled substance, enhanced marijuana. Mr. Ewing was released after posting $500 bail.

East Hampton Village police received a report of a minor accident in the Georgica Beach parking lot last Thursday night. When they arrived, one of the two cars involved was gone. They located that car, a 2012 Toyota, in the side parking lot at Main Beach, and charged its driver, Jefree Cortes of Springs, 22, with leaving the scene of an accident in addition to D.W.I. His breath test produced a reported reading of .15. He was released without bail.

Jack Donald Brierley, 19, of Northwest Woods was driving a 2008 Mercury when police pulled him over on South Debusy Road in Montauk early Monday. His breath test produced a .16 reading, police said. He too was released without bail, but will reappear before Justice Rana at a future date.