Kelly pleads guilty under Leandra's Law

Thursday, November 5, 2015 - 13:29

GUILDERLAND — An Albany man pleaded guilty in Albany County Court last week to driving drunk with his children in the car.

Shaun Patrick Kelly, 36, was arrested on July 15, at approximately 9:27 p.m., by Guilderland Police officers, after he failed to stop at stop sign and failed to signal a turn.

An investigation revealed Kelly was intoxicated at the time of the arrest, with a blood alcohol content of .21 percent one hour after he was stopped. His three children, ranging in age from 7 to 13, were in the car at the time of his arrest, according to a Guilderland Police report.

His license was also suspended at the time.

Kelly was charged with a felony under Leandra’s Law. The state law, adopted in 2009, is named for Leandra Rosado, who was killed that year at age 11 in New York City when her friend’s mother, who was allegedly drunk, flipped the car, killing Rosado and injuring six other children.

On Oct. 29, Kelly pleaded guilty to one count of driving while intoxicated with children in the car in front of Judge Stephen Herrick, according to a release from the Albany County District Attorney’s office.

When sentenced on Jan. 8, 2016, he faces six months in Albany County’s jail; five years of felony probation; a $1,000 fine; one year of license revocation, subject to the state’s Department of Motor Vehicles; completion of the Albany County Drug Court Program; attending a Victim Impact Panel; and maintaining an Interlock Ignition Device for five years after his release from jail.

Vehicle Crimes Bureau Chief Mary Tanner-Richter is prosecuting the case.

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