After allegedly driving under the influence and striking a girl on a sidewalk in East Aurora this past Sunday, Erin Kuntz was arraigned in the village Monday but did not have her license pulled. After pressure from Erie County District Attorney John Flynn, that changed the following day.
Kuntz, 30, is facing several charges revolving around a DWI charge after she allegedly drove off road and seriously injured a 9-year-old girl. Kuntz refused a breathalyzer, but police documents showed she admitted to drinking one beer and failed all field sobriety tests.
When Flynn found out Town Justice Jeffrey Markello had not pulled Kuntz’s license, he called the village court to move her court appearance up to what ended up being Tuesday, instead of what was originally scheduled to be August 7.
Erie County Assistant District Attorney Paul Glascott said when there is vehicular assault under the penal law in conjunction with a vehicle and traffic charge, a license should be pulled immediately.
“We clarified that [and] reviewed the law with the judge and defense attorney. So there is no dispute now. Her license has been suspended,” Glascott said.
Markello called the decision an error and referenced waiting for blood results when discussing what factored in to Monday’s decision. Kuntz is waving her right to a felony hearing. Her case will be presented to a grand jury.
Kuntz is still free on her own recognizance. The DA said he does not consider her a flight risk.
The injured child is currently in critical condition. According to the felony complaint, she sustained a collapsed lung, a broken collarbone, a broken rib and other injuries to her arm and leg.