LANSING, N.Y. -- A drunk driver who ran out of gas flagged down a passing state trooper for help and was charged with DWI, police said.

Jason Kinthiseng, 39, of Cortland, pulled off the side of Auburn Road around 12:18 a.m. Monday after he ran out of gas, state police Sgt. Michael Soroka said.

Kinthiseng flagged down Sgt. Christopher Marinelli, who was returning from an unrelated complaint. Marinelli then determined Kinthiseng was intoxicated, Soroka said.

A breath test determined his blood alcohol content was 0.18 percent, more than double the state legal limit of 0.08 percent.

Kinthiseng was charged with aggravated driving while intoxicated and issued an appearance ticket to Lansing Town Court.

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