For those in Rochester who are convicted of driving under the influence of alcohol and are facing the penalties for that action, the case is not over once the judgment has been issued. For example, there might be an ignition interlock device placed on the driver’s vehicle and other attempts on the part of the court to ensure that the driver is adhering to the rules of probation. If there is a violation of probation, there can be more problems related to the drunk driving charge. It is still important to have a lawyer to provide a defense in such cases.
A City Court judge who was convicted of DWI has been ordered to return to court to answer for an alleged violation of her sentence. The court had ordered her to submit to a urine test weeks after her ignition interlock device recorded alcohol on her breath. The blood-alcohol content came to .0651. While this is less than the amount necessary for a DWI, it still violates the conditions of her sentence in which she is not to drink alcohol. According to some reports, it was not her who registered the reading, but her daughter. It is not a violation for another person to drive the vehicle with an ignition interlock device installed.
Although the court issued an order for the urine test, the results were not submitted. According to her legal representative, she is on vacation in Thailand and it is not known whether she took the test or not. This test will detect a byproduct of alcohol that remains in the blood for 96 hours after consumption. The judge was convicted in August of 2016 and received a conditional discharge allowing her to live her life provided she adhere to the conditions as they were laid out. It was extended to February of next year for two violations for drinking alcohol and driving under the influence. These were nullified by problems with the device and no proof that she drank. She is still an elected judge and is being paid despite having had her duties stripped.
This is a unique case in which a judge who should know the law as to DWI offenses and the potential consequences is facing harsher penalties due to a failure to adhere to the terms of her sentence. If this can happen to a judge, it can certainly happen to anyone who is arrested for DWI. For legal protection and assistance from the beginning of a DWI case to the end, it is important to have an experienced attorney.
Source: democratandchronicle.com, “Judge Astacio summoned to court again,” David Andreatta, Gary Craig, May 26, 2017
James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.
About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…