Ballston Spa man convicted of aggravated DWI | News

SARATOGA - A Ballston Spa man was convicted of felony aggravated DWI with a child in the car under Leandra’s Law Thursday. He was found guilty after a three-day trial in Saratoga County Court.

Saratoga County District Attorney Jim Murphy says 31-year-old Yancy D. Cook was found guilty of aggravated DWI with a child in the car along with two additional counts of driving while intoxicated.

The district attorney said Cook was driving a Kawasaki ATV on Malta Avenue in Malta while having a blood alcohol content greater than 0.08 percent  on May 3, 2011. Cook had a 7-year-old passenger on the ATV at the time. His BAC was 0.12 percent.

State Police made the arrest.

“An ATV is a motorized vehicle under the Vehicle and Traffic Law and the rules of the road apply to it the same as they do for vehicles,” Murphy said in a statement. “Further, having his child on the ATV while driving drunk is not only completely irresponsible, but criminal. We are thankful that no harm came to the child due to a crash or falling off the ATV. The child did witness the parent attempting to function at a 0.12 percent BAC which was, indeed, unfortunate."

Cook faces a maximum sentence of four years in state prison on the top count he was convicted. He will be sentenced in Saratoga County Court on July 19.