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Two men charged with snowmobiling while intoxicated

Two Ohio men were arrested early Sunday for snowmobiling while intoxicated, according to the Chautauqua County Sheriff's Department.

Daniel C. Lostoski, 58, and Joseph J. Mcabier, 48, were arrested on snowmobiling while intoxicated charges on Route 426 in the Town of Mina, a north-south road about 2 miles east of the New York-Pennsylvania state line, deputies said.

Deputies said that at about 12:30 a.m. Sunday, they checked two snowmobiles that were stopped in the roadway on Route 426. Both Lostoski, of Kent, and Mcabier, of Chagrin Falls, were found to be intoxicated, deputies said, and were taken into custody. Both refused breath tests, deputies said.

Both were released after being issued appearance tickets; they will return to Town of Mina Court at a later date.

New York's snowmobiling while intoxicated law states that a snowmobile driver can be charged with snowmobiling while intoxicated if he or she operates a vehicle with a blood alcohol content of 0.08% or higher, which is the same threshold for driving while intoxicated.

According to the New York State Department of Conservation, a misdemeanor conviction can result in a maximum fine of $1,500, up to 90 days in jail, and a 12-month suspension of snowmobiling privileges. An SWI charge is upgraded to a felony when there are two prior convictions.

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