"The driver of the car, John Favara, was a fifty-one-year-old service manager at a Castro Convertibles furniture plant, he lived with his wife and two adopted children on 86th Street, directly behind the Gotti family on 85th Street. His son, Scott, was childhood friends with John and Victoria Gotti’s oldest son, John Jnr.

On March 18, 1980, John Favara was arriving home form work, when Gotti’s son, Frank, darted in front of his car. He had not seen the minibike suddenly shoot out from behind a garbage dumpster until it was too late. Favara told the police he was momentarily blinded by the sun and did not see the boy.

The crash was ruled an accident by the police, but not everyone saw it the same way."
https://mafianewsblog.wordpress.com/2014/03/18/this-day-in-history-what-happened-to-john-favara/

If he was drunk he would have been arrested period!