What Happened
A self-proclaimed fitness influencer with a prior DWI conviction crashed her vehicle on Montauk Highway in Brookhaven late Saturday night with her two young children strapped inside, according to The New York Post. Jesher Rivera-Barreto, 31, allegedly lost control of her vehicle around 11:30 p.m. and smashed into a wooded area, causing the car to overturn. All three occupants — Rivera-Barreto and her two sons, ages 1 and 4 — sustained minor injuries and had to be physically removed from the overturned vehicle.
The 1-year-old had celebrated his first birthday just the month before the crash. Both boys were transported to NYU Langone Hospital and were later released to their father. Rivera-Barreto herself appeared in Suffolk County court on Monday in a wheelchair, where prosecutors noted she was being kept medicated. Beyond the physical toll, the crash set off a chain of legal consequences that exposed a troubling pattern: prosecutors revealed that this was not Rivera-Barreto’s first time driving drunk.
Earlier in the evening on Saturday, police say, Rivera-Barreto posted photos of herself on social media sipping an espresso martini. She describes herself as a fitness influencer but has a modest online following of just over 2,000 Facebook followers. The New York Post reports that despite the fitness branding, she allegedly got behind the wheel late that night with her two toddlers in the car and lost control before reaching a wooded stretch of Montauk Highway in Brookhaven.
At her arraignment Monday before Judge John Zollo in Suffolk County court, Assistant District Attorney Katelynn Flynn spelled out the severity of the scene at the crash site. “Your honor, we’d also like to note that the vehicle had overturned,” Flynn told the court. “The three occupants of the vehicle, so the defendant and the two children, had to be removed from the vehicle, so we do ask for that order of protection please. Also they are keeping her medicated,” Flynn added. The prosecution’s request for an order of protection signaled concern for the welfare of the two young boys going forward.
Prosecutors also disclosed that Rivera-Barreto had been convicted of DWI back in 2020, though they did not release further details about that prior case. That earlier conviction elevates the legal stakes substantially for her current charges. After the arraignment, Rivera-Barreto was released on supervised release. She later burst into tears outside the courtroom when her mother came over to embrace her.
Location & Road Context
The crash took place on Montauk Highway in Brookhaven, a densely traveled east-west corridor that runs through the heart of Suffolk County and connects dozens of South Shore communities. The stretch where Rivera-Barreto lost control borders wooded terrain, which absorbed the impact of the overturning vehicle. Montauk Highway sees heavy recreational and residential traffic, particularly on weekend nights when bar and restaurant activity peaks in nearby hamlets. The late-night timing of this crash — 11:30 p.m. on a Saturday — is consistent with the elevated DWI risk window on Long Island’s South Shore roadways.
Investigation & Legal Proceedings
Rivera-Barreto was charged under Leandra’s Law — New York’s statute specifically targeting drunk drivers who operate a vehicle with a child 15 years of age or younger as a passenger — along with DWI and two counts of endangering the welfare of a child. The Leandra’s Law charge is automatically a felony in New York, regardless of BAC level, when a child is present in the vehicle. As noted by The New York Post, her 2020 DWI conviction surfaced during Monday’s court proceedings before Judge John Zollo in Suffolk County.
Rivera-Barreto was cut loose on supervised release following her arraignment. The court also addressed an order of protection — requested by ADA Flynn — on behalf of the two children. Both boys had already been released from NYU Langone Hospital to their father before the Monday court appearance took place.
What This DWI Charge Means
Under New York Vehicle and Traffic Law §1192, there are three tiers of impaired driving offenses. DWAI (Driving While Ability Impaired) applies when a driver’s BAC is between 0.05% and 0.07%, while a standard DWI charge kicks in at a BAC of 0.08% or higher. Aggravated DWI — the most serious tier — applies when a driver’s BAC reaches 0.18% or above, and carries substantially steeper penalties including mandatory license revocation of at least one year, fines up to $2,500 for a first offense, and the possibility of up to one year in jail.
Because Rivera-Barreto has a prior DWI conviction from 2020, she faces repeat-offender consequences that are significantly more severe than a first offense. A second DWI conviction within ten years in New York is classified as a Class E felony, punishable by up to four years in state prison, fines between $1,000 and $5,000, and a mandatory minimum one-year license revocation. Repeat offenders are also required to install an ignition interlock device on any vehicle they own or operate. The Leandra’s Law felony charge — triggered automatically by the presence of her children in the vehicle — compounds her exposure further.
Drivers who refuse a chemical test (breathalyzer or blood draw) in New York face automatic consequences under the state’s implied consent law: an immediate one-year license revocation and a $500 civil fine, regardless of whether they are ultimately convicted of DWI. That refusal can also be used as evidence against them at trial. New York courts and the DMV treat chemical test refusals as a separate administrative matter from the criminal DWI charge itself.
Case Status & Updates
It is important to note that charges filed against Jesher Rivera-Barreto constitute accusations only. She is presumed innocent unless and until proven guilty in a court of law. Her case was arraigned Monday in Suffolk County court before Judge John Zollo and will proceed through the Long Island criminal court system, where it will move through pre-trial hearings, potential plea negotiations, and — if no plea is reached — trial.
Long Island Traffic monitors DWI cases through the Suffolk County court system and will update this report as arraignment outcomes, pleas, and sentencing information become part of the public record. Readers who have information related to this case or wish to follow its progress can bookmark this page for updates.