BEACON – A Garrison man was arrested by State Police for aggravated felony driving while intoxicated under Leandra's Law. 

Brian Kelly, 43, was eastbound on Interstate 84 on the Newburgh-Beacon Bridge when he was stopped by a state trooper near the toll plaza in Beacon for operating with an inadequate muffler.  Kelly was operating a 1989 Toyota pick-up truck with his 12-year old son in the front-passenger seat.  While he was interviewed, the trooper smelled a strong odor of alcoholic beverage on Kelly's breath.  Kelly was arrested after failing a series of field sobriety tests and brought to the East Fishkill State Police barracks where he refused to submit to a breath test.  The boy was turned over to his mother.

Kelly was also charged with an inadequate muffler.  He was issued tickets to appear in the City of Beacon Court on January 23 for arraignment then released to a family member.  Putnam County Child Protective Services was notified of the incident.

The incident happened on Friday, Janaury 18, at about 9:40PM.  Police released details on Sunday.