AVON — Livingston County Sheriff Thomas J. Dougherty reports the arrest of a Hemlock resident on felony Driving While Intoxicated charges after a traffic stop.
On Dec. 31, Deputy Matthew Thomas was assigned to the Sheriff’s Office STOP DWI Unit when he stopped a vehicle on Lakeville Road in the Town of Avon for a violation of the NYS Vehicle and Traffic Law.
The operator of the vehicle was identified as Thomas E. Davis Jr., 43. The Deputy Sheriff suspected that Davis was operating the vehicle under the influence of alcohol and conducted a roadside DWI investigation which included the performance of standardized field sobriety tests. At the conclusion of the roadside investigation, Davis was taken into custody for DWI.
Davis was the transported to the Sheriff’s Office Headquarters in Geneseo where Deputy Heather Benjamin of the Sheriff’s Office Jail Division administered a breathalyzer test. The breathalyzer test revealed that Davis had a blood alcohol content (BAC) of .21%.
Davis was arrested and charged with felony Aggravated Driving While Intoxicated with a BAC greater than .18% and felony Driving While Intoxicated. The DWI charges are felonies due to Davis having a previous DWI related conviction in 2017.
Davis was turned over to Central Booking Deputies at the Livingston County Jail for processing and pre-arraignment detention because this was a qualifying offense under the bail reform laws for arraignment as a local court can impose DMV restrictions on a felony DWI charge. However, the new law does not allow for the Judge to set monetary bail on the subject.
Davis was later arraigned at the Livingston County Centralized Arraignment Part (LC-CAP) at the Livingston County Jail before Town of York Justice Thomas Porter. The Judge did release Davis on his own recognizance (ROR) per the law and Deputies did set him free.
“Now that the new bail reform law is in full effect as of Jan. 1, a felony DWI offense, such as the one above with the subject having a past conviction within the last 10 years and allegedly driving with his BAC nearly three times the legal limit, is not applicable for a Judge to hold on cash bail or bond,” stated Sheriff Dougherty. “Instead their license status is reviewed by the arraigning Judge and then the subject is released to hopefully appear at their next set court date and Deputies set them free.”