Man pulled over for drinking while driving with a child in the car

Posted at 8:55 AM, Dec 12, 2016
and last updated 2016-12-12 08:57:52-05

A man driving to the Bills game Sunday was found drinking in his car with a nine-year-old onboard.

Erie County Sheriff's Office says 47-year-old Kristopher Kubasik from Pennsylvania was stopped for vehicle and traffic violations after the Sheriff's Office was notified about two men drinking in the car with a child inside.

Deputies say the car was stopped on Southwestern Boulevard in the Town of Brant around 10:40 a.m.

Officials say Kubasik failed field sobriety tests and was arrested.

According to authorities, Kubasik's driving privileges were taken away in New York for previous unpaid DWI fines.

According to deputies, Kubasik was charged with four felony counts including DWI - conviction with the previous ten years, aggravated DWI - child passenger less than 16, aggravated unlicensed operation, and aggravated DWI - BAC greater than .18.

Kubasik was also charged with drinking alcohol in a vehicle on the roadway and vehicle and traffic law violations.

Kubasik is being held at the Erie County Holding Center until his arraignment on December 12.

The Sheriff's Office says child protective services were called. The child and passenger were released to a sober third party.