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Nine-year-old seriously injured after being hit by alleged drunk driver

Posted at 10:03 AM, Jul 22, 2019

A nine-year-old girl was injured Sunday night after East Aurora Police said she was hit by a drunk driver.

According to police, 30-year-old Erin Kuntz, of East Aurora, was driving west on Main Street in the village Sunday evening when she drove off the road, struck a parked car, and then struck and injured the girl. Police said the girl, who is from Cheektowaga, was riding her scooter when she was hit. Family says the girl's name is Lily.

They say her nine-year-old cousin Alex was also hit by Kuntz while on his bike, but he is okay.

The girl was transported by ambulance to Oishei Children’s Hospital with serious injuries.

7 Eyewitness News has learned from the family that a second child was also struck at the scene.

Kuntz was charged with vehicular assault, driving while intoxicated, marijuana possession, refusing to take a breathalyzer, driving a motor vehicle on a sidewalk, and failure to use a designated lane.

She was arraigned in Aurora Town Court, and released on her own recognizance.

Erie County District Attorney John Flynn said he isn't shocked. Kuntz isn't a flight risk and has no criminal history.

However, he is concerned she was able to keep her license. Under state law, she should have been required to surrender her license after refusing to take a breathalyzer.On Tuesday, a judge reversed his decision and revoked Kuntz's license.

"I'll wait for the blood, I'll get the blood, ya know we'll do an investigation there's no hurry on prosecuting the case. The only hurry here is getting her license taken from her. That's my only hurry," DA Flynn said.

Previously, Kuntz was scheduled back in court in August. Flynn said he personally called the Aurora Town Court clerk, and asked to have Kuntz's next hearing moved up. Now, she's scheduled back in court July 24. He said he intends to have her license revoked.

"Even without hitting this poor nine-year-old little girl, if it was just a straight up DWI refusal, you still have to take the license," DA Flynn said.