Cortlandt driver asleep in idling car charged with drunken driving in Yorktown

[Guest]

YORKTOWN - Town police charged a 48-year-old Cortlandt man with felony driving while intoxicated after finding him asleep at the wheel of his idling car, police said today.

Frank Gambino of Apple Hill Drive was also charged with driving with a blood-alcohol level of 0.08 percent or more, a felony, and was ordered to appear Feb. 26 in town court, police said.

An officer was on patrol yesterday at 4:05 a.m. when he saw a car parked in the lot of the closed Hess gas station on Crompond Road. He saw Gambino asleep behind the wheel of the running vehicle and determined that he drove while under the influence, police said.

The charges were elevated to a felony because Gambino had a prior driving while intoxicated conviction within the past 10 years, police said.

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how is it dertermined that we did drive? maybe someone dropped him off?

4am bars close, wouldn't it be responsible of the person to go in his car and take a nap, rather than driving? it is cold out, so he did need heat.

if he did drive, fine. but, keeping himself off the road is another thing, even though if the engine is running, it's DWI...stupid

[JohnnyOV 2]

There is the intention to drive. If he really wanted to be responsible, he would have had someone drive him home. No sympathy from me.

[Guest]

There is the intention to drive. If he really wanted to be responsible, he would have had someone drive him home. No sympathy from me.

i donno, im sure at 4am options are tough to get a ride home

[ja3kfd 34]

Taxi any one ?

[INIT915 1,119]

Well, I doubt he was drinking at the "Closed" Hess Station. Besides, in New York, case law says: keys in the ignition = operation of the vehicle.

[JJB531 652]

I'm kinda suprised you're defending this guy.

First off, keys in the ignition, especially with the vehicle running, while a person behind the wheel, shows intent as other posters have stated. Intent is all that's needed to charge someone with DWI.

Yes 4am bars close, and yes it would be responsible to sleep in your car, but he wasn't found in the bar parking lot. So responsibility went right out the window when he drove to the Hess station to take a nap.

4am options are tough to get a ride home? Hello.... call a cab. Get the bartender to call a cab. Call someone else to come pick you up. Just because it's 4am doesn't justify an individual driving home intoxicated simply because ptions are tough to get a ride home.

It's a good thing this guy got locked up before he killed an innocent person. Obviously he hasn't learned from a previous DWI collar.

[helicopper 1,050]

how is it dertermined that we did drive? maybe someone dropped him off?

4am bars close, wouldn't it be responsible of the person to go in his car and take a nap, rather than driving? it is cold out, so he did need heat.

if he did drive, fine. but, keeping himself off the road is another thing, even though if the engine is running, it's DWI...stupid

Are you arguing with yourself or what?

[RWC130 594]

If you see INIT915 or Chris192 approaching the car hide the keys,

play dumb and tell them you were abducted by a UFO and they dropped you off,

you don't know how you got where you are. Ask for a ride home. LOL!

.08 DON'T BLOW IT!

[Guest]

Are you arguing with yourself or what?

lol maybe

[Oswegowind 17]

Keys in the ingnition! Car running! Trying to kill someone cause you drank too much! Sorry, GREAT JOB Yorktown PD for getting another potential tragedy before it had time to happen!