TOWN OF MIDDLEBURY, N.Y. (WIVB)– On July 11, members of the Wyoming County Sheriff’s Office responded to Bank Road in the Town of Middlebury for a report of a one-car accident with injuries.
Deputies say they found the vehicle heavily damaged in a ditch. They found the driver, 31-year-old Michael Difalco of Batavia, who said he lost control of the car after swerving to miss a deer.
Difalco was treated for minor injuries and released from the Wyoming County Community Hospital.
Two passengers were taken to Strong Memorial Hospital, one treated for serious injuries, the other being treated and released for minor injuries.
Authorities say Difalco was arrested for DWI and aggravated DWI with a passenger less than 16, and moving from a lane unsafely.
He remains without bail at the Wyoming County Jail after his arraignment before Middlebury Town Justice.
Difalco was later given an appearance ticket for second-degree vehicular assault.