Buffalo, NY (WBEN) As Erin Kuntz returned to court and surrendered her driver's license, some were wondering why she didn't have to turn it over initially.
Kuntz is the East Aurora woman accused of hitting a nine-year-old girl with her car on Sunday and she is charged with DWI and vehicular assault after the girl was seirously injured in the incident.
"Whether there was an accident involved, whether there are any priors involved. If they have any priors, if it's within five years, that can dictate whether they can get a conditional license, within ten years that can also dictate some ramifications," explains Covert.
"You also try to make a live assessment as to you think the reading would be if the client did take the test, so you have some idea whether their speech is slurred, whether they're answering questions correctly, whether they're emotional. It's not black and white." But Covert says if there's no accident involved and his client has no priors, take the test.