A Staten Island mother is accused of driving under the influence with her children in the car — but her lawyer claims she wasn't the one behind the wheel.
Jennifer Rivas, 25, apparently lost control of her Nissan Maxima on Wednesday at around 11:10 pm and smashed her car into a storage container off of South Avenue. The Mariner's Harbor woman, her two-year-old daughter, and her six-year-old son were not seriously injured by the accident — but wreckage from the crash made it almost impossible to escape, according to the Staten Island Advance.
Somehow, the six-year-old boy managed to crawl out of the rear passenger side door, which apparently could only be opened a few inches, and was spotted wondering around the storage facility asking for help. When officers arrived, they extricated the toddler and Rivas — who later confessed: "I drank Apple Martinis. I don't remember how many."
But Rivas' attorney claims the suspect was asleep when the crash occurred and another person — who fled before police arrived — was behind the wheel. Prosecutors say it would have been impossible for any adult to get out of the vehicle after the crash, and sources allege that Rivas told her son he shouldn't call police for help. She faces felony charges of reckless endangerment, and a lesser charge for endangering the welfare of a child. She cannot be charged under the recently passed Leandra's Law, because that legislation — which makes it a felony to drive drunk with a child in the car — does not go into effect until next week, according to the Daily News.