A passing motorist reported to Tarrytown police that a car was driving erratically on Cortlandt Street on June 15 at 12:10 a.m. Police stopped the car for various traffic infractions and charged the driver with driving while intoxicated.
The car was towed and the driver was brought to headquarters, where he refused to take a breathalyzer test.
Police found that Segundo O. Silva, 34, had a previous conviction for DWI within the last 10 years (from July 19, 2005) and that he might be a deported illegal immigrant.
Police sent an inquiry to Immigration and Customs Enforcement (ICE) on the case.
Silva was processed on felony DWI charges and placed in a holding cell awaiting arraignment. Later that morning he was arraigned and released after posting $5,000 bail with a return court date.
He was charged with the following violations and a felony:
- Passing a red traffic signal light
- passing in a no passing zone
- operating a motor vehicle without a license
- driving while intoxicated (Felony level for second offense)
- refusal to submit to pre-screen test
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