It's not the first DWI charge for the woman police say is responsible for Tuesday's fatal car crash on Route 20. As YNN's Mark Goshgarian tells us, Danielle Kellogg was arrested three years ago for driving drunk in Chautauqua County.
CHAUTAUQUA COUNTY, N.Y. — She was pulled over in Pomfret the Wednesday before Thanksgiving in 2009.
"Most likely, she was out celebrating that night and took off in the wee hours of the morning and got stopped," said Joseph Gerace, (D) Chautauqua County.
Danielle Kellogg, 24, of Brant was then arrested for driving drunk.
"Her car was spotted driving erratically a little after four in the morning and pulled over by deputies and she was subsequently found to be intoxicated," said Gerace.
Kellogg was arrested again Tuesday, charged with DWI and vehicular manslaughter, in a crash on Route 20 on the Cattaraugus Territory. The accident claimed the life of seven-month-old Baylee Marie Dion.
Kellogg was arraigned Tuesday night and bail was set at $20,000.
"She never should have had her drivers license anyway again; we're so liberal in this country about drunk driving," said Gerace.
While Kellogg's whereabouts prior to Tuesday morning's accident have yet to be made public, those with the Chautauqua Alcoholism and Substance Abuse Council in Jamestown say its not uncommon for drunk drivers to be out that time of day.
"Drunk driving happens all the time, at all hours," said Patricia Munson, CASAC Executive Director.
Munson says people who use alcohol, simply need to make more responsible choices. She urges drivers not to get behind the wheel if they've had too much to drink.
"It's too too risky for you and if you don't care about yourself think about the other people out there on the road, such as this incident with the poor seven-month-old baby," said Munson.
Which is why Gerace continues to call for tougher drunk driving laws and penalties.
"It's an intentional act and until our society gets its act together, people will continue to die," said Gerace.
Kellogg is due in Brant Town Court on Friday.