Batavia man charged with DUI after striking police car

Officers were at one crash scene when squad was hit

Samuel J. Kramer was charged with driving under the influence, driving with a blood alcohol content greater than 0.08%, passing an emergency vehicle causing damage, reckless driving, leaving the scene of a property damage accident, attempting to flee a police officer and failure to give aid or information after a crash, all misdemeanors. He was also charged with the petty traffic offenses of failure to obey a police officer, driving with an expired license, two counts of driving too fast for conditions, driving an uninsured vehicle, not wearing a seat belt and improper lane use.

BATAVIA – A Batavia man was charged with DUI after he struck a Batavia police car that was stopped at the scene of another crash on Christmas Eve, police announced in a news release.

Samuel J. Kramer, 59, of the 800 block of North Forest Avenue, Batavia, was also charged with driving with a blood alcohol content greater than 0.08%, passing an emergency vehicle causing damage, reckless driving, leaving the scene of a property damage accident, attempting to flee a police officer and failure to give aid or information after a crash, all misdemeanors, according to police and court records.

Kramer was also charged with failure to obey a police officer, driving with an expired license, two counts of driving too fast for conditions, driving an uninsured vehicle, not wearing a seat belt and improper lane use, all petty traffic offenses, according to court records.

Shortly after 5 p.m. on Dec. 24, Batavia police were at the intersection of West Fabyan Parkway and Western Avenue for a traffic crash, according to the release.

They used squad cars to protect the scene and alert traffic of the hazard ahead while they worked to get the vehicles removed from the roadway. All the police cars had their overhead lights activated, the release stated.

While police were there for that crash, a white 2002 Chevrolet Tahoe was traveling east on Fabyan, and failed to stop to the emergency vehicles and crashed into a marked police car, the release stated.

The Batavia squad car was heavily damaged in the rear bumper and hatch, and the Tahoe had heavy front end damage, the release stated.

The officer was outside the vehicle the time and the Tahoe narrowly missed hitting him, the release stated.

The Tahoe proceeded north on Western Avenue, eventually turning down a nearby cul-de-sac before being stopped by responding officers from Batavia and Geneva police departments, the release stated.

No one was injured, the release stated.

The most serious of the seven charges are Class A misdemeanors, punishable by up to 364 days in jail and fines of up to $2,500 on each one, if convicted.

“We are going to defend him vigorously,” Kramer’s attorney Brick Van Der Snick said. “In our opinion, he was overcharged. We feel bad he slid into a squad car. He was coming down the hill where the traffic stop was and it was icy.”

Kramer is to appear in court Jan. 11 for plea setting, court records show.