HomeMy WebLinkAboutAnnual Report of the Village Justice 1976s
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1916
rV:hUAL REPORT OF THE VILLAGE JUSTICE
VILLAGE OF CAYUGA HEIGHTS
• While total convictions for Motor Vehicle Violations continued to increase In
19760 the dlsturbing aspect of the increase was the sharp rise Incases Involving
driving while Intoxicated and driving while ability impaired by alcohol. While the
Court has been informed by counsel for defendants that In other courts In Tompkins
County the misdemeanor of driving while Intoxicated is routinely reduced to the
violation of driving while ability impaired, the Court has dealt with each such mis-
demeanor charge individually as described at the end of this report.
It has been necessary to conduct a series of Jury trials which usually take
two evenings and considerable police time in summoning the Jury. Most serious con-
sequence of this increase in cases, however, Is the fact that apparently a growing
number of drunken drivers are on the streets, and they represent an Imminent danger
to each of us.
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Criminal matters handled in addition to vehicle and traffic misdemeanors in-
creased by 50% over 1975.
While four police agencies serve the Court, the State Police, County Sheriff,
and Cornell Department of Public Safety, as well as the Village Police Department,
most matters originated with the Village Police Department. The high level of
training achieved by the Department under Chief Harlin R. McEwen meant that such
matters as were brought before the Court were presented efficiently and effectively.
The Assistant District Attorney assigned to the Court. Mr. Charles T. Currey,
stood ready to bring to trial as many cases as necessary where defendant was
represented by counsel. After most convictions of misdemeanors, the Tompkins County
Probation Department conducted an essential pre - sentencing investigation for the
guidance of the Court. A new program of the Probation Department, Diversion, offers
an alternative of Counselling and supervised community service for selected first
offenders aside from vehicle and traffic convictions.
Mr. Theodore G. Lindsay, a first -year law student, Is ably assisting the
Court as Clerk.
Several matters heard by the Honorable Warren A. Blye, Acting Village Justice,
are not included In this report.
The time required of the Village Justice, aside from numerous telephone calls,
rose from 236 hours in 1975 to 267 in 1976. The Village Justice was re- elected
Treasurer of the Tompkins County Magistrates Association.
Respectfully submitted,
William Tucker Dean
Village Justice
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VEHICLE AND TRAFFIC MATTERS
Comparative Table of Convictions and Fines
Collected in 1976 and the Preceding 5 Years in the Village
Offense 1971 1972 1973 1974 1975
1976
Speeding
338
396
395
430
456
428
Stop sign
35
51
20
53
52
36
Passing stopped school bus
0
6
1
0
0
2
Driving while intoxicated
1
2
3
2
0
4
Driving while ability impaired
4
2
0
5
1
6
Failure to keep right
6
10
5
6
5
13
No passing zone
13
10
6
14
18
8
Unlicensed operator
6
42
14
21
20
21
Driving with license suspended or
revoked 2
5
2
0
1
5
Unregistered vehicle
29
51
13
20
32
39
Uninspected vehicle
77
59
59
80
101
109
No insurance
1
14
3
1
0
3
Improper plates
30
12
2
7
4
27
Equipment violations
34
80
10
22
50
70
Soliciting a ride
5
4
0
0
0
4
Miscellaneous violations
12
21
42
48
42
28
T.CTALS
593
765
575
709
782
823
Total fines collected, including
$12,401
$12,653
$13,974
$15,497
$16,067
$15,026
parking fines
The above total for the past year,
1976, does not
include
194 dismissals or verdicts
of not guilty.
•
• OTHER MATTERS
During the past year the Court handled 32 criminal matters not Involving the
Vehicle and Traffic Law.
Issuing a bad check
10
Possession of a dangerous weapon
I
Disorderly conduct
I
Petit larceny
I
Public intoxication
2
Miscellaneous
13
Felony arraignments
4
The above totals include those cases dismissed 32
The Court also disposed of one civil case during 1976.
DRIVING WHILE INTOXICATED
Driving while intoxicated and driving with more than .10 percent blood alcohol. The
following are the cases that did not go to trial with an explanation in each case.
Docket 21 -285
• Defendant was arrested on 17 April 1976, arraigned at 3:00 a.m., on two counts
of driving while Intoxicated and released in the custody of a friend. He subsequon-
tly pleaded guilty to a violation of Section 1192 (1), driving while ability impair-
ed, with the assent of the Assistant District Attorney. His recorded blood alcohol
level was 1.1 the legal minimum. He was sentenced to a conditional discharge,
conditioned upon acceptance in and completion of the Department of Motor Vehicles
drinking driver program. He successfully completed the program and has had no
further charges.
Docket 21 -325
Defendant was arrested 16 March 1976,
and returned to his home by an officer upon
night. Charges were subsequently dismissed
license permanently.
Docket 21 -342
for driving while intoxicated, two counts,
his own promise not to drive again that
upon his voluntarily surrendering his
Defendant was arrested 23 March 1976 on two counts
Because of prior conviction of the same misdemeanor, he
jury and they returned an indictment. The County Court,
guilty to the misdemeanor of driving while intoxicated.
• sentencing, lie was arrested again in an adjoining town f
of driving while intoxicated.
was held over for the grand
however, accepted a plea of
While he was awaiting
or driving while intoxicated.
0 Docket 21 -475
Defendant was arrested o
1976. On 17 August 1976, he
Impaired, a violation and not
Attorney assented in view of
was sentenced to a discharge
the drinking driver program.
purposes, so he could drive t
the course. He completed the
U
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n two counts of driving while intoxicated on 26 April
was allowed to plead guilty to driving while ability
a misdemeanor, to which the Assistant District
the defendant's age and previously clean record. He
conditioned upon his acceptance In and completion of
This allowed him to keep his license for narrow
o work or to a doctor or hospital, while completing
course on 10 January 1977 and has had no arrests since.