Bergen woman charged with felony DWI after early morning accident
Kassandra Ryan Funk, of Acton Road, Bergen, was charged with two felony counts of driving while intoxicated following a property damage accident at 1:35 a.m. today on North Bergen Road in the Town of Bergen.
The 21-year-old was arrested on felony charges of having previously been convicted of DWI within the last 10 years and aggravated DWI for an alleged BAC of .18 or more. In addition, she is charged with refusal to take breath test, failure to keep right, and leaving the scene of a property damage accident.
Funk is scheduled to be arraigned on the charges at 5 p.m. on June 4 in Bergen Town Court. The accident was investigated by Sheriff's Deputy Joseph Corona, assisted by Deputy Jason Saile.
Photo of accident scene submitted by a reader.
Acton Rd. is within the Byron-Bergen School district, has Bergen mail delivery but is located in Orleans County, Town of Clarendon.
21 and 2 DWIs.
Twenty-one, and two felony charges. Oy.
To be clear, from this incident, two felony DWI charges -- alleged DWI and alleged driving with a BAC of .18 or greater.
These are felony charges because, allegedly, she has a prior DWI conviction.
If she has a prior conviction for DWI then it can't be alleged. Either she was convicted or she wasn't right?
She will have an opportunity in court to challenge the prior conviction, so for the purpose of discussing this case as a legal matter, it's alleged. She's accused of a crime in which one of the elements is a prior conviction, so if I state as a matter of fact that she has a prior conviction, I'm convicting her without due process and thereby subjecting myself to potential libel claim.
Maybe if people were put in jail for their first dwi they might not have a second or third or fourth for that matter!!!!!!!!!! Why keep letting people get away with it til they take an innocent life!!!! My husband was killed by a repeat offender in 2000 and to this day I suffer!!!!!!!!
Howard, isn't aggravated (.18 or more) a felony in and of itself?
No, it's a misdemeanor on first offense.
Gotcha Howard.....I know how twisted the law can get. Your explanation actually makes sense to me. That scares me a lil bit LOL
Kyle just to FYI you, any crime you are arrested for is alleged until you have been proven guilty in court.
Her previous DWI is not alleged, the two current ones from this incident are alleged.
Her previous DWI for the purpose of enhancement to the second DWI case is alleged. She has a chance to prove in court that the prior conviction isn't valid. If she were able to prove that, then she couldn't be charged with a felony in this case.