Scotia Police say that a lawyer for the New York state Gaming Commission was charged with felony drunken driving after, he passed out behind the wheel of a car that hit the front steps of a day care center Monday afternoon.

The Times Union reports that Kent D. Vanderwal of Niskayuna was unconscious with an open alcoholic beverage when police discovered him outside the YMCA's Lally Day Care Center.

Vanderwal's vehicle was reportedly still in drive when police said they found it halfway up the steps of the day care.

Police said Vanderwal was too intoxicated to submit to a field sobriety test.

Vanderwal has had two prior drunken driving convictions over the past ten years, according to the Times Union.

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