Jesher Rivera-Barreto of Brookhaven Charged in Drunk Crash on Montauk Highway With Kids in Car — Second DWI

Jesher Rivera-Barreto of Brookhaven Charged in Drunk Crash on Montauk Highway Wi. July 20, 2026.

Updated Jul 20, 2026
MODERATE INCIDENT
Town
Brookhaven
Reported
Updated
Source
NY Post
Jesher Rivera-Barreto of Brookhaven Charged in Drunk Crash on Montauk Highway With Kids in Car — Second DWI
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What Happened

A self-proclaimed fitness influencer with a prior DWI conviction crashed her vehicle on Montauk Highway in Brookhaven late Saturday night with her two young children strapped inside, according to The New York Post. Jesher Rivera-Barreto, 31, allegedly lost control of her vehicle around 11:30 p.m. and smashed into a wooded area, causing the car to overturn. All three occupants — Rivera-Barreto and her two sons, ages 1 and 4 — sustained minor injuries and had to be physically removed from the overturned vehicle.

The 1-year-old had celebrated his first birthday just the month before the crash. Both boys were transported to NYU Langone Hospital and were later released to their father. Rivera-Barreto herself appeared in Suffolk County court on Monday in a wheelchair, where prosecutors noted she was being kept medicated. Beyond the physical toll, the crash set off a chain of legal consequences that exposed a troubling pattern: prosecutors revealed that this was not Rivera-Barreto’s first time driving drunk.

Earlier in the evening on Saturday, police say, Rivera-Barreto posted photos of herself on social media sipping an espresso martini. She describes herself as a fitness influencer but has a modest online following of just over 2,000 Facebook followers. The New York Post reports that despite the fitness branding, she allegedly got behind the wheel late that night with her two toddlers in the car and lost control before reaching a wooded stretch of Montauk Highway in Brookhaven.

At her arraignment Monday before Judge John Zollo in Suffolk County court, Assistant District Attorney Katelynn Flynn spelled out the severity of the scene at the crash site. “Your honor, we’d also like to note that the vehicle had overturned,” Flynn told the court. “The three occupants of the vehicle, so the defendant and the two children, had to be removed from the vehicle, so we do ask for that order of protection please. Also they are keeping her medicated,” Flynn added. The prosecution’s request for an order of protection signaled concern for the welfare of the two young boys going forward.

Prosecutors also disclosed that Rivera-Barreto had been convicted of DWI back in 2020, though they did not release further details about that prior case. That earlier conviction elevates the legal stakes substantially for her current charges. After the arraignment, Rivera-Barreto was released on supervised release. She later burst into tears outside the courtroom when her mother came over to embrace her.

Location & Road Context

The crash took place on Montauk Highway in Brookhaven, a densely traveled east-west corridor that runs through the heart of Suffolk County and connects dozens of South Shore communities. The stretch where Rivera-Barreto lost control borders wooded terrain, which absorbed the impact of the overturning vehicle. Montauk Highway sees heavy recreational and residential traffic, particularly on weekend nights when bar and restaurant activity peaks in nearby hamlets. The late-night timing of this crash — 11:30 p.m. on a Saturday — is consistent with the elevated DWI risk window on Long Island’s South Shore roadways.

Rivera-Barreto was charged under Leandra’s Law — New York’s statute specifically targeting drunk drivers who operate a vehicle with a child 15 years of age or younger as a passenger — along with DWI and two counts of endangering the welfare of a child. The Leandra’s Law charge is automatically a felony in New York, regardless of BAC level, when a child is present in the vehicle. As noted by The New York Post, her 2020 DWI conviction surfaced during Monday’s court proceedings before Judge John Zollo in Suffolk County.

Rivera-Barreto was cut loose on supervised release following her arraignment. The court also addressed an order of protection — requested by ADA Flynn — on behalf of the two children. Both boys had already been released from NYU Langone Hospital to their father before the Monday court appearance took place.

What This DWI Charge Means

Under New York Vehicle and Traffic Law §1192, there are three tiers of impaired driving offenses. DWAI (Driving While Ability Impaired) applies when a driver’s BAC is between 0.05% and 0.07%, while a standard DWI charge kicks in at a BAC of 0.08% or higher. Aggravated DWI — the most serious tier — applies when a driver’s BAC reaches 0.18% or above, and carries substantially steeper penalties including mandatory license revocation of at least one year, fines up to $2,500 for a first offense, and the possibility of up to one year in jail.

Because Rivera-Barreto has a prior DWI conviction from 2020, she faces repeat-offender consequences that are significantly more severe than a first offense. A second DWI conviction within ten years in New York is classified as a Class E felony, punishable by up to four years in state prison, fines between $1,000 and $5,000, and a mandatory minimum one-year license revocation. Repeat offenders are also required to install an ignition interlock device on any vehicle they own or operate. The Leandra’s Law felony charge — triggered automatically by the presence of her children in the vehicle — compounds her exposure further.

Drivers who refuse a chemical test (breathalyzer or blood draw) in New York face automatic consequences under the state’s implied consent law: an immediate one-year license revocation and a $500 civil fine, regardless of whether they are ultimately convicted of DWI. That refusal can also be used as evidence against them at trial. New York courts and the DMV treat chemical test refusals as a separate administrative matter from the criminal DWI charge itself.

Case Status & Updates

It is important to note that charges filed against Jesher Rivera-Barreto constitute accusations only. She is presumed innocent unless and until proven guilty in a court of law. Her case was arraigned Monday in Suffolk County court before Judge John Zollo and will proceed through the Long Island criminal court system, where it will move through pre-trial hearings, potential plea negotiations, and — if no plea is reached — trial.

Long Island Traffic monitors DWI cases through the Suffolk County court system and will update this report as arraignment outcomes, pleas, and sentencing information become part of the public record. Readers who have information related to this case or wish to follow its progress can bookmark this page for updates.

Topics

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Frequently Asked Questions

Where did this crash happen?

The crash occurred on Montauk Highway in Brookhaven, Long Island, when Rivera-Barreto lost control and smashed into a wooded area. The incident took place around 11:30 p.m. on Saturday night.

Who was charged in connection with this crash?

Jesher Rivera-Barreto, 31, a self-proclaimed fitness influencer with just over 2,000 Facebook followers, was charged under Leandra's Law for driving drunk with children in the car, as well as DWI and two counts of child endangerment.

What happened to the children in the crash?

Rivera-Barreto's 1-year-old son (who had just celebrated his first birthday the previous month) and his 4-year-old brother were in the vehicle when it overturned. Both children were treated at NYU Langone Hospital with minor injuries and were later released to their father.

Did Jesher Rivera-Barreto have a prior DWI conviction?

Yes. Prosecutors revealed in Suffolk County court on Monday that Rivera-Barreto was previously convicted of DWI in 2020, making this her second drunk-driving case. Further details of the prior conviction were not released by prosecutors.

What charges did Rivera-Barreto face and was she jailed?

Rivera-Barreto faced charges under Leandra's Law (driving drunk with a child in the vehicle), DWI, and two counts of child endangerment. She appeared in court in a wheelchair and was released on supervised release following her arraignment Monday.

What did prosecutors say happened at Rivera-Barreto's court appearance?

Suffolk County Assistant District Attorney Katelynn Flynn told Judge John Zollo that the vehicle had overturned and that all three occupants had to be removed from it. Flynn requested an order of protection and noted that Rivera-Barreto was being kept medicated at the time of the hearing.

Disclaimer: Incident information on this page is compiled from public sources including police reports, traffic agencies, and news outlets. It is provided for informational purposes only and may not reflect the most current status of this incident. Do not rely on this information for legal, insurance, or emergency decisions. For emergencies, call 911.