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Investigators from the Yorktown Police Department received multiple reports at approximately 11:20 p.m. of an erratic, potentially intoxicated, driver who had children inside the car on Lexington Avenue as well as Route 202 (Crompond Road) before allegedly driving southbound in the northbound lane of the Taconic State Parkway.
A canvas of the area found the alleged vehicle on Crompond Road. Police said that it is alleged that at some point, both Alice Berry, 35, and James Berry, 36, of Yonkers, had operated the vehicle, switching drivers.
Police said that it is alleged James Berry operated the vehicle on Lexington Avenue with a blood alcohol content more than double the legal limit, while having a suspended license.
Alice Berry allegedly operated the same vehicle on Crompond Road with a blood alcohol content greater than .08 percent. Both were driving with children - ages 5 and 9 - who were in the vehicle and improperly secured with a child restraint.
Officers arrested both Berrys and each was charged with two felony counts of aggravated driving while intoxicated under Leandra’s Law for having minors in the car, two counts of endangering the welfare of a child and individual counts of driving while intoxicated with a blood alcohol content greater than .08 percent, all misdemeanors. They were each also cited for having an improper restraint, a violation.
Additionally, Alice Berry was cited for improper front plates on the vehicle and James Berry was charged with a misdemeanor count of aggravated unlicensed operation of a motor vehicle.
Both Berrys were transported to the Yorktown Police Department for arrest processing and following arraignment, they were released on $1,000 cash bail and are due to appear in Yorktown Justice Court on July 12 to answer the charges.
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