Niagara Gazette — Falls Police say a 42-year-old Osprey Lane man was driving drunk with three young children in a minivan when he struck a parked vehicle in the 8100 block of Lindbergh Avenue Friday night.
Sean Robertson, 42, 2455 Osprey Lane, was charged with aggravated driving while intoxicated — under Leandra's Law — along with third-degree aggravated unlicensed operation, three individual counts of endangering the welfare of a minor and refusing to submit to a chemical test after the minivan he was driving collided with a Jeep parked on the side of the road just north of 81st Street.
According to report, the impact pushed the Jeep off the road, over the curb and onto a nearby lawn.
An 18-year-old witness told police he saw the accident occur and left his vehicle to check on the driver of the van. He said he saw Robertson in the driver's seat and three young children in the vehicle. Robertson, according to the witness, was trying to drive the van away from the scene by revving the engine, but damage to the vehicle prohibited movement.
The witness said he reached into the minivan and took the keys from the ignition.
Upon police arrival, Robertson was asked to perform field sobriety tests after officers report he used the van to brace himself, had bloodshot eyes and smelled of alcohol. He reportedly failed one test and was not compliant when asked to recite the alphabet from the letter "k," which he reportedly said, "Who can actually do this? I can't!" Police say he refused further tests following this request.
Robertson's ex-wife, the mother of the children in the vehicle, was contacted and was on scene to take possession of the children, ages 9,8 and 3.
Taken to police headquarters, according to reports, Robertson reportedly told police, "I wasn't driving, my brother was. I was just in the car." However, police reported Robertson was not wearing any shoes when taken into custody and a pair of sandals was found under the pedals on the driver's side of the van.