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A report of a vehicle on its side in a Newstead ditch early Tuesday morning led to the arrest of a 23-year-old Genesee County man, according to the Erie County Sheriff’s Office.

A deputy was sent to investigate the report of a vehicle in a ditch at about 12:45 a.m. at Cedar Street and Koepsel Road. The driver had left the scene before the deputy arrived but he was found, with the help of State Police, within a few minutes.

Deputies said Cody Sundown of Basom, who appeared intoxicated, refused to perform field sobriety tests and a chemical breath test. He was charged with felony counts of driving while intoxicated – stemming from a previous DWI conviction in October 2011 – and aggravated unlicensed operation, as well as unspecified vehicle and traffic violations. Deputy Gene Nati investigated,

Sundown was taken to the county Holding Center pending arraignment in Newstead Town Court.

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