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Driver, Passed Out Behind the Wheel of His Car, is Charged With Aggravated DWI and DWI


Erie County District Attorney Frank A. Sedita, III announced that 61 year old Victor M. Ojeda of 45 Klas Avenue, West Seneca, will be arraigned at 9:30 this morning before County Court Judge Michael Pietruszka on an indictment charging him with Feloniously Aggravated Driving While Intoxicated and Feloniously Driving While Intoxicated.

It is alleged that on January 7, 2012, West Seneca Police responded to a call of erratic operation of a vehicle on Klas Avenue in the Town of West Seneca.  Upon arrival at Ojeda’s residence, the officers allegedly observed him passed out behind the wheel of his car.  After being awakened, the defendant allegedly again passed out, this time during the administration of field sobriety tests.  Ojeda’s alleged blood alcohol contenct (BAC) was .44% which is more than five times the legal limit of .08%.  As alleged in the Special Information, Ojeda was previously convicted of Driving While Intoxicated on February 2,2010 in the Town of Lancaster.   

If convicted of these crimes Ojeda faces a maximum prison sentence of 1-1/3 to 4 years.