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Custody dispute leads to DWI charge

A child custody dispute resulted in the arrest of a Buffalo man for driving while intoxicated Thursday, police said.

Buffalo police were called to a Hertel Avenue address where they encountered a woman who told them that she did not want to release a child in her custody for visitation purposes. She said she feared the individual to whom she was supposed to turn the child over to was intoxicated.

Officers approached the individual seeking visitation who, they said, was inside a vehicle parked in a parking lot, sitting behind the wheel with the keys in the ignition. Officers said that when they approached the driver, they detected signs of intoxication, describing him as glassy eyed, with a flushed complexion and smelling strongly of alcohol.

After requesting that the driver step out of the vehicle, police administered a field sobriety test, which the driver failed, police said.

John J. Case, 51, was subsequently arrested and charged with operating a motor vehicle with a blood alcohol content of .08 percent and DWI as a first offense.

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