Zachary Dabb, 23, of Westwood Road, Alden, is charged with DWI, aggravated DWI (BAC .18 percent or higher) and open container of alcohol while operating a motor vehicle.
The charges stem from an accident last night around 9 in which Dabb was the operator of motor vheicle that struck the east side of Burger King on West Main Street in Batavia.
Dabb told police he thought he was in another one of his vehicles, which has a standard transmission. Thinking the vehicle on Thursday night was in neutral, Dabb took his foot off the brake, causing the car to move forward and collide into the east side of the building.
Following field sobriety ptests, Dabb was allegedy determined to be driving while intoxicated and was arrested on the charges. He was processed and released on an appearance ticket. He is due in Batavia City Court on Aug. 31. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Mitchell Cowen.
According to our news partner WBTA, a lucky patron inside the restaurant had just gotten up to get a beverage when the vehicle crashed into the building.
