An East Aurora woman who was arrested on several charges after her car left the roadway and struck a 9-year-old girl Sunday evening is due back in court Tuesday to surrender her driver's license, according to Erie County District Attorney John J. Flynn.
Flynn said Erin Kuntz, 30, was charged with second-degree vehicular assault, driving while intoxicated, possession of marijuana, refusal to take a breath test, driving a motor vehicle on the sidewalk and failure to use designated lane.
Flynn said Monday that Kuntz would be back in court Wednesday to surrender her license; Tuesday morning his office announced that Kuntz would be appearing Tuesday at 2 p.m.
Kuntz was arraigned Monday morning in Town of Aurora Court by Judge Jeffrey Markello and released on her own recognizance.
"The fact that she was released is not a big deal," Flynn told reporters during a news conference Monday afternoon in his office, noting that Kuntz had no history of not returning to court and is not considered a flight risk.
"What is a big deal is the fact that her license was not taken right there at arraignment. Whenever anyone refuses a breath test, automatically at arraignment, your license is immediately taken by the judge, by the court. For whatever reason, her license was not taken this morning," said Flynn.
"It's my understanding that Ms. Kuntz had an attorney … I have not seen the (court) transcript, so I have no idea what brilliant arguments he made, but whatever arguments he made, he convinced the judge, apparently, not to take her license, which is a major problem," Flynn added.
The district attorney said that when he learned Ms. Kuntz's license had not been suspended pending prosecution of the case against her, his office immediately called Town of Aurora Court and had a date scheduled for Kuntz to have her license taken away. Prior to that, Kuntz was not scheduled to return to court until Aug. 7.
The victim in the accident, a 9-year-old girl from Cheektowaga, was riding a scooter when she was struck and suffered serious injuries, police said. She was taken via ambulance to Oishei Children's Hospital in Buffalo. Flynn said Monday he did not know the extent of the girl's injuries.
According to the East Aurora Police Department, officers responded to multiple 911 calls around 6:30 p.m. reporting that a vehicle traveling west on East Main Street had left the roadway, struck a parked vehicle and then struck and injured a 9-year-old female.
Flynn said that, even though Kuntz refused to take a breath test immediately after the accident, his office got a court order to have her blood drawn Sunday night.
"We are still awaiting those results," Flynn said.