What Happened
Nassau County police arrested Elmer Martinez-Serrano, 28, of Valley Stream on DWI and Leandra’s Law charges late Friday night after spotting his vehicle weaving westbound on Sunrise Highway, according to Long Island Life & Politics. The stop was made at 10:44 p.m. on September 5, 2026.
Officers observed Martinez-Serrano’s 2024 Honda CRV failing to maintain lanes as it traveled westbound on Sunrise Highway. They activated emergency lights and sirens and conducted a Vehicle and Traffic Law stop in the vicinity of Brooklyn Avenue and 6th Street. Martinez-Serrano was the sole operator of the vehicle.
A field investigation led police to determine Martinez-Serrano was allegedly intoxicated. He was placed under arrest at the scene. A three-year-old girl was in the vehicle at the time of the stop; she was released to a family member without injury.
Police charged Martinez-Serrano with four counts: Aggravated DWI — Child Passenger less than 16, DWI, Endangering the Welfare of a Child, and multiple VTL violations. No injuries were reported at the scene. His arraignment was scheduled for Sunday, September 6, at First District Court in Hempstead.
Location & Road Context
Sunrise Highway is a heavily traveled east-west arterial running through the South Shore of Nassau and Suffolk counties. The stretch near Brooklyn Avenue and 6th Street in Valley Stream sees high overnight volumes from commercial and residential traffic. For current conditions on Sunrise Highway and nearby routes, see Long Island Traffic’s roads index.
Valley Stream has appeared in multiple recent Nassau County police reports. A hit-and-run was recorded on the Southern State Parkway at Exit 14 toward Valley Stream State Park Road in July 2026, and a separate crash on the Southern State Parkway was logged in August 2026.
Investigation & Legal Proceedings
Nassau County police filed the Leandra’s Law charge as Aggravated DWI — Child Passenger less than 16, which is a felony under New York VTL § 1192.2-a. The DWI count falls under VTL § 1192.2, which covers operation with a BAC of 0.08 or higher. The Endangering the Welfare of a Child charge is a Class A misdemeanor under New York Penal Law § 260.10. Multiple additional VTL violations were also filed, per Long Island Life & Politics.
Martinez-Serrano was scheduled for arraignment September 6, 2026, at First District Court in Hempstead, located at 99 Main Street.
What This DWI Charge Means
New York VTL § 1192 establishes three tiers of impaired-driving offenses. DWAI (Driving While Ability Impaired, § 1192.1) applies when a driver’s ability is impaired by alcohol, carrying a fine of $300–$500 and a 90-day license suspension for a first offense. DWI (§ 1192.2) requires a BAC of 0.08 or higher and carries a first-offense fine of $500–$1,000, a minimum six-month license revocation, and up to one year in jail. Aggravated DWI (§ 1192.2-a) kicks in at a BAC of 0.18 or higher, or — as in this case under Leandra’s Law — when a child under 16 is in the vehicle; that version is an automatic felony on a first offense.
The Leandra’s Law felony charge alone carries a potential sentence of up to four years in state prison, mandatory installation of an ignition interlock device upon any conditional or restored license, and a mandatory fine. A conviction would also trigger a DMV revocation proceeding separate from any criminal sentence. Drivers who refuse a chemical test face an automatic one-year license revocation and a $500 civil penalty under New York’s implied-consent law, independent of whether they are convicted of any underlying charge.
First-offense DWI in New York also requires enrollment in a Drinking Driver Program and installation of an ignition interlock device for a minimum of six months following license restoration. Repeat offenses escalate to felony-level penalties under VTL § 1193.
Case Status & Updates
The charges against Elmer Martinez-Serrano are accusations. He is presumed innocent unless and until proven guilty in a court of law. The case entered the court system September 6 at First District Court in Hempstead, the entry point for Nassau County misdemeanor and felony arraignments.
Long Island Traffic monitors DWI cases through the Nassau and Suffolk county court systems and updates each report as arraignment outcomes, pleas, and sentencing become part of the public record. Check back at this page for case developments. For more on your rights during a DWI stop, see Long Island Traffic’s Know Your Rights section.