A 78-year old woman from Albany, New York, will serve at least two years and four months in prison for driving drunk and smashing her car into a daycare center, injuring two people. Marion Albert drank four or five glasses of scotch before backing out of the bar she operated near Second and Quail streets.

The prosecution read statements from the victims, including the owner of the daycare—they wanted a nine year sentence.

Albert’s attorney, George LaMarch asked Judge Steven Herrick to give Albert probation, given her remorse, age, and poor health. "I think a two and a third to seven year sentence is potentially a death sentence."

Prosecutor Mary Tanner-Richter of the DA’s Vehicular Crime Division says the sentence sends a strong signal: "It doesn’t matter what your age is or what your background is, it’s a crime and we are going to prosecute to the fullest."

Albert must also pay a $1,000 fine and $15,000 in restitution. She waived her right to appeal as part of a plea agreement. In court, she tearfully apologized, saying, “I’m so sorry.”