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East Flatbush Wrong-Way DWI: Van Strikes About 15 Parked Cars on East 94th Street

A wrong-way van, about 15 damaged cars, a refused breath test, and what a refusal does and does not change in a Brooklyn DWI case.

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East Flatbush, Brooklyn · Saturday, June 3, 2023, about 10:30 p.m.

Neighbors on East 94th Street in East Flatbush first thought they were hearing gunshots. It was a white van driving the wrong way down their block, striking one parked car after another. By the time it stopped, about 15 cars were damaged and six people had been hurt.

What happened

According to NBC New York and ABC7, the van was traveling north in the southbound lane of East 94th Street at about 10:30 p.m. on Saturday, June 3, 2023. Video recorded by residents shows the driver striking parked cars, reversing, and striking them again, pushing one vehicle onto the sidewalk and hitting a porch. Neighbors tried to stop the driver by pounding on the window. Six people, including pedestrians, were taken to Kings County Hospital with injuries that were not considered serious.

The charges

Police identified the driver as Ryan Austin, 47, with an address in Georgia. He was charged with driving while intoxicated, driving while ability impaired, reckless endangerment, and aggravated unlicensed operation. ABC7 reported that he refused a breath test.

What those charges mean

A refusal does not end a DWI case in New York. Prosecutors can still proceed on the officer's observations, the driving itself, video, and witness accounts, and the refusal can be used as evidence at trial if the warnings were given correctly. Separately, the refusal triggers its own DMV consequences: a one-year revocation and a civil penalty, even if the criminal case is later reduced or dismissed.

Reckless endangerment is charged based on the risk the driving created for others, not on intoxication, so it can survive even if a DWI count does not. Aggravated unlicensed operation means driving while knowing your license is suspended or revoked, a separate offense that often complicates any resolution.

Where the case stands

We found no public report of how this case was resolved. Mr. Austin is presumed innocent.

Refused the breath test in Brooklyn? You have two cases now: the criminal case and a DMV refusal hearing, on separate clocks. Talk to a Brooklyn DWI attorney right away: (516) 790-6618.

Related: chemical test refusals and the DMV hearing · out-of-state drivers charged in New York

This article is drawn from public court filings, official releases and news reports, and is provided for general information only. A charge is an accusation, not proof of guilt. Every person is presumed innocent unless and until proven guilty in court. Nothing here predicts the outcome of any other case, and nothing here is legal advice.

Sources

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