Eugene L Sumeriski is indicted for the crime of driving while intoxicated as a Class E felony. On Sept. 19 in the City of Batavia, Sumeriski allegedly drove a 2010 Kia while in an intoxicated condition. In count two, he is accused of driving while intoxicated, per se, as a Class E felony, and having a BAC of .08 or more at the time. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving that day in an allegedly intoxicated condition while knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities. In Special Information accompanying this indictment, Sumeriski is accused of having been convicted of felony driving while intoxicated, per se, on Aug. 11, 2006, in Erie County. The conviction forms the basis for the suspension or revocation referred to in count three and together with an earlier revocation on Sept. 15, 2005, which was the basis for an earlier DWI conviction, indicates that Sumeriski knew or had reason to know of the prior convictions and that his driver's license was suspended or revoked as a result and that the suspension or revocation was still in effect.
Guru Kadel is indicted for the crime of driving while intoxicated, as a misdemeanor. He is accused of driving a 2010 Honda on the Thruway in Le Roy in an intoxicated condition on April 28. In count two, he is accused of the crime of aggravated unlicensed operation in the first degree for driving a vehicle while knowing or having reason to know that his driver's license was suspended pending prosecution on April 20, 2014, and at the time he was under the influence of alcohol or a drug.