Stephen Schneider told police he had three beers, according to court documents.
Police say the victim had been clearing snow and helping children cross moments before he was struck.
Prosecutors say the 36-year-old woman admitted to having a whiskey and coke before getting behind the wheel.
Police say 30-year-old Joshua Alvarado fell asleep at the wheel while stopped at a light on Sunrise Highway in Merrick Thursday morning.
Authorities say the defendants didn't follow department procedure when the driver allegedly showed them his badge.
The updated point system will take effect on Monday, with the most serious traffic violations having increased point values, according to the New York State Department of Motor Vehicles.