CORTLANDT, N.Y. — A Cortlandt DWI investigation led to felony charges against a 50-year-old Cortlandt Manor woman after New York State Police said two 13-year-old children were riding in her vehicle. Troopers reported that the woman’s blood alcohol concentration was 0.12%, above New York’s 0.08% threshold for a per se DWI charge. This incident has resulted in a Cortlandt Manor Woman Charged Under Leandra’s Law.
According to a New York State Police news release issued Sept. 8, troopers stopped a vehicle traveling south on Albany Post Road in the town of Cortlandt at about 6:12 p.m. on Sept. 5 for alleged Vehicle and Traffic Law violations.
Police Say Two 13-Year-Olds Were in the Vehicle
State Police identified the driver as Nisha Biagi Gougelmann, 50, of Cortlandt Manor. Troopers said she showed signs of intoxication during the traffic stop and was given standardized field sobriety tests.
Investigators then learned that two 13-year-old children were passengers in the vehicle, according to police. The children were later released safely to a sober third party.
Police took Gougelmann to the State Police barracks in Cortlandt for processing. There, State Police said she submitted to a chemical breath test that showed a blood alcohol concentration of 0.12%.
Cortlandt DWI Case Brings Leandra’s Law Charges
The presence of the two children made the Cortlandt DWI case more serious under New York law. Gougelmann was charged with two counts of aggravated driving while intoxicated with a child passenger under Leandra’s Law. Each count is a Class E felony, according to State Police.
She was also charged with:
- Driving while intoxicated, an unclassified misdemeanor.
- Operating a motor vehicle with a blood alcohol concentration of 0.08% or more, first offense, an unclassified misdemeanor.
The New York State Department of Motor Vehicles says Leandra’s Law makes it a Class E felony to drive under the influence of alcohol or drugs while a child age 15 or younger is a passenger. The law was enacted to strengthen penalties in cases where children are placed at risk by an impaired driver. More information is available through the New York State DMV.
What Is Leandra’s Law?
Leandra’s Law is a New York law that allows felony charges when an impaired driver operates a vehicle with a child age 15 or younger inside. The law also includes ignition-interlock requirements for certain DWI convictions.
In this case, the two 13-year-old passengers fall within the age range covered by the law. That is why State Police listed two felony child-passenger DWI counts among the charges.
Woman Released After Arraignment
Gougelmann was arraigned in Cortlandt Town Court and released on her own recognizance, according to State Police. She is scheduled to return to court at 4 p.m. Wednesday, Sept. 9, 2026.
The charges are accusations. Gougelmann is presumed innocent unless and until proven guilty in court.
Why Child-Passenger DWI Cases Draw Added Concern
A Cortlandt DWI arrest involving children raises concerns beyond the alleged impairment of the driver. Children riding in a vehicle have no control over the driver’s decisions and may have limited ability to remove themselves from a dangerous situation.
That added vulnerability is the reason New York treats child-passenger DWI cases differently from many other alcohol-related driving offenses. The law is designed to recognize the increased risk to young passengers while allowing the criminal justice process to determine guilt or innocence.
For families and motorists, the case is also a reminder that a safe transportation plan should be made before drinking begins. That can include using a designated sober driver, arranging a ride, or staying in place until a safe trip is available.
What Happens Next
The next scheduled step in the Cortlandt DWI case is Gougelmann’s Sept. 9 court appearance. Court proceedings may address the felony Leandra’s Law counts as well as the misdemeanor DWI charges reported by State Police.
The Utica Phoenix will continue to follow verified developments when additional official information becomes available.
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