Driver Charged With three Leandra's Law Counts Following Rollover Crash in Sardinia

Modified: September 18, 2018 5:56am

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The Crash Investigation Unit Waited for Blood Test Results


Buffalo, NY – Erie County Sheriff Timothy B. Howard announces the arrest of 31-year-old Richard Smith of Delevan following a two-month long investigation into a rollover crash that occurred on July 1 in Sardinia.  Smith is charged with three Leandra’s Law counts and multiple counts of endangering the welfare of a child.


The Crash Investigation Unit responded to Middle Road in Sardinia to investigate a rollover crash that sent five occupants, including a 3-year-old, 2-year-old, and a 6-day-old, to area hospitals.


The Deputies obtained a blood sample from Smith, and the toxicology report indicated the presence of a substance that caused impairment.  Following a conference with District Attorney John Flynn’s office, the Deputies charged Smith with three felony counts of aggravated DWI – with a passenger less than 16yo, and three misdemeanor counts of endangering the welfare of a child as well as vehicle and traffic law violations.


Smith turned himself into Deputies Biegasiewicz and Christian on September 12 at the Springville Substation.  The defendant was processed and later released with appearance tickets for Town of Sardinia Court.


The occupants were treated for non-life-threatening injuries at area hospitals and released.