A former Orleans County resident who was accused of driving drunk with children in her car on Dec. 29, shortly after Leandra's Law was passed, had her sentence delayed this morning, giving the probation department time to confirm her new residency in Oakfield.
Michelle M. Kasper, 20, formerly of Albion, could have become the first Genesee County resident sentenced under Leandra's Law.
Assistant District Attorney Melissa Cianfrini also raised a concern that Kasper admitted on Aug. 12 to driving while intoxicated, then during a pre-sentencing interview, Kasper said she hadn't been drinking prior to accident that led to her arrest. She told probation that she drink three energy drinks containing alcohol after the accident.
Ask to explain the contradiction, attorney Nathan Pace had a hard time explaining his client's comments, saying he didn't hear what questions she was asked by probation that led to her answer.
Kasper told Judge Robert C. Noonan that she had drinks earlier, but not immediately prior to the accident.
Noonan went ahead and agreed with a defense request to delay sentencing so that her new residency in Genesee County could be confirmed so that her sentence could include supervision.
Kasper was arrested on Dec. 29. She was the second WNY resident charged with a DWI felony under Leandra's Law, which increases the penalties for DWI with children under age 15 in the car. She was also charged with three counts of endangering the welfare of a child and one count of unlawful possession of marijuana.
