Niagara Gazette

April 6, 2014

Road rage incident leads to felony DWI charges for Wilson man

Staff Reports
Niagara Gazette

Niagara County Sheriff's deputies were called to the area of 5114 Lockport-Junction Road about 8:30 p.m. Friday for a reckless driver complaint. 

A woman told them she was traveling north on the road and a car in front of her was abruptly braking and swerving. When she tried to pass the car, the driver tried to run her off the road. At a stop sign at Upper Mountain Road and Route 93, the driver of the car got out and pounded on her driver-side window shouting "Turn your (expletive) lights off." As she drove off, she said the driver and a passenger threw beer cans at her vehicle.

About 15 minutes later, a deputy found the suspected car on Wilson Burt Road, which was alternately driving on the shoulder of the road and crossing the double yellow line for no apparent reason.

The deputy tried to pull the vehicle over on Young Street but it kept driving despite the patrol car's emergency lights. It stopped after about a half mile.

The driver, David A. Milczarski, 31, 2771 Wilson-Burt Road, Wilson, appeared intoxicated and deputies said there was a 23-year-old woman and a 13-year-old boy in the car with him.

Milczarski failed field sobriety tests and began to struggle with deputies when they told him he was under arrest and began to place him in handcuffs. He was able to get away and began running west on Young Street, continuing through several backyards. He briefly lost deputies and state police pursuing him but was found minutes later on Seminary Street.

Once in custody at the sheriff's office, deputies said Milczarski was given an opportunity to contact his lawyer but was unable to reach his lawyer. He agreed to take a chemical breath test which showed his blood alcohol to be 0.15 percent.

Milczarski was charged with aggravated DWI (Leandra's Law felony violation due to 13-year-old in car), DWI, endangering the welfare of a child, second-degree obstruction of governmental administration, resisting arrest, driving on the shoulder of the road and failure to keep right.

Further charges are pending concerning the road rage incident on Lockport-Junction Road, deputies said.