EAST AURORA, N.Y. — Erin Kuntz had her driver license suspended on Tuesday afternoon when she appeared in Aurora Town Court.
Hours earlier, the court released the incident report associated with a violent crash on Sunday evening in East Aurora on East Main Street.
In that crash, Kuntz, 30, of East Aurora, is accused of driving drunk, hitting a parked car and then hitting a nine-year-old girl on a scooter.
Released Tuesday afternoon to 2 On Your Side, was the complaint related to the crash. It was released after 2 On Your Side requested the document. The complaint says that the child suffered a collapsed lung, a broken collarbone, a broken rib as well as other injuries. The victim was taken to Oishei Children's Hospital.
The complaint also says that Kuntz admitted to police to drinking alcohol before driving. Police say that Kuntz failed all field sobriety tests. But she did not consent to a breathalyzer.
Kuntz was charged with one count of vehicular assault in the second degree, a Class E felony, one count of DWI, a misdemeanor, and unlawful possession of marijuana, among other violations.
Kuntz was released on her own recognizance.
Initially, Kuntz was scheduled to have a return court date weeks away. But, after Erie County District Attorney John Flynn realized that the judge did not suspend or revoke Kuntz' driver license, Flynn was able to get a hearing immediately.
The D.A.'s office did not have a prosecutor at the arraignment.
"My ADA's are not in various town courts every day. We are only in the town courts when the court is in session," Flynn said.
According to Judge Jeffrey Markello, during the arraignment, his review of state vehicle and traffic laws, along with Kuntz defense attorney, showed nothing requiring that her driver's license be suspended. He called the issue an "error."
"There should've been a prompt suspension of the person's license. So we clarified that reviewed the law with the judge and the defense attorney," said Paul Glascott, the chief of the vehicular crimes bureau for the DA's office.
Kuntz's defense attorney did not speak to the media after court.
Also on Tuesday, Kuntz waived her right to a preliminary hearing, so this case, now heads to a grand jury.
Read the complaint against Kuntz below.
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