Niagara Gazette

November 26, 2013

Lockport man charged with DWI on way to daycare was arrested in 2011 after picking up daughter from school

Staff Reports
Niagara Gazette

A man who was charged with DWI while on his way to pick up his daughter from daycare on Monday was arrested in June of 2011 after police said he picked up his daughter from a Lockport elementary school while intoxicated.

On June 14, 2011, Niagara County Sheriff's deputies were sent to Timothy M. Brien's Green Valley Lane home after someone at George Southard Elementary School reported he was intoxicated when he arrived at the school to pick up his daughter.

When the Brien answered the door, deputies said he “was swaying as he attempted to stand still” and “stated that he just came from the school where he picked up his daughter and that the (complainant) was angry with him because he was late to the school.”

Deputies said the defendant then told them he had several drinks while sitting at his desk at home before he drove to the school to pick up his daughter, according to a report.

Brien failed several sobriety tests, according to deputies and registered a 0.17 percent blood alcohol content, the 2011 report said. He was charged with DWI, aggravated DWI with a child less than the age of 16 in the vehicle and endangering the welfare of a child. Child Protective services aided with the investigation.

The resolution of that case is unknown at this time.

On Monday, Brien was arrested after an accident at Bunker Hill and Akron roads in Royalton.

Brien who told deputies he was driving north on Akron Road and did not see the stop sign at the intersection and drove through the intersection into the guide rail across from the intersection. He said he was not injured in the crash.

Noticing signs of intoxication, deputies asked Brien where he was coming from and he told them a bar where he'd had two beers. Brien said he was on his way to pick up his daughter at daycare.

He failed field sobriety tests and was taken into custody. A chemical test determined his blood alcohol content to be 0.16 percent.

Brien, 45, 6396 Green Valley Lane, Lockport, was charged with DWI, first-degree aggravated unlicensed operation and failure to stop at a stop sign.