HomeMy WebLinkAboutAnnual Report of the Village Justice 1979IM
ANNUAL REPORT OF THE VILLAGE JUSTICE
VILLAGE OF CAYUGA HEIGHTS
After last year's pause in growth 1979 saw another increase in the
number of cases in the Village Court to over 1200. The cases involving driving
where alcohol was involved increased to 24. The policy of the Court in such
cases is to set them down for trial with a jury, unless extraordinary circum-
stances convince the Court that a reduction to a lesser offense would be in
the interests of justice. An appendix describes each disposition of such an
alcohol- related charge in 1979.
Attorneys have urged forcefully in Court that, because some judges in
the County are said to be willing to reduce alcohol- related charges rather
freely, the Village Court should do the same. The policy that has been
followed has meant that a series of time - consuming trials must be held, but
the certainty of trial may have led other defendants without a good defense
to enter guilty pleas.
Wherever a defendant found guilty in a drinking case had been drinking
at a bar before his arrest, the name of the bar has been reported to the
State Division of Alcoholic Beverage Control. Section 65(2) of the Alcoholic
Beverage Control Law states that
No person shall sell... any alcoholic beverage to ... any
intoxicated person or to any person, actually or apparently,
under the influence of liquor.
Neither the state nor local authorities seem to be enforcing this
statute.
It has been reported to the Court that there is not a uniform policy in
the Emergency Room of the Tompkins County Hospital with respect to taking a
blood sample from an injured driving- wbile- intoxicated defendant in the course
of treatment. If such a sample is not obtained, it may be impossible to deter-
mine the defendant's blood alcohol level after an accident in which death or
injuries may have occurred.
The Diversion Program of the County Probation Department has continued
to accept misdemeanor defendants in appropriate cases, give them counselling
and assign community- service work projects so that they can avoid a conviction
in their records.
The appeal of a speeding defendant from the Village Court, filed several
years ago has been decided by an affirmance of the Village Court. An appeal from
a verdict of guilty in a drunken driver case has been heard in the County Court
but no decision has been reported.
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Ms. Andrea Barnett continued to serve as Court Clerk with cheerfulness
and efficiency.
Several cases heard by the Acting Village Justice, the Honorable
Warren A. Blye, are not included in this report. His assistance is appreciated.
While the State Police, the County Sheriff and the Cornell Department of
Public Safety each originated some cases in 1979, most matters were from the
Village Police. Under the continuing training program of Chief Harlin H. McEwen
the force with Mrs. Barbara Potter, has operated very effectively. It is not
uncommon for a defendant after conviction to concede the courtesy of the
arresting officer, for example.
Civil cases went up slightly in number. The Court is now authorized to
hear matters in the Small Claims Part involving up to $1,000 and up to
$3,000 in other civil complaints.
About 180 hours were devoted to the Court by the Village Justice plus
additional time on the telephone as conditions demanded. Some of these hours
for arraignments in the early morning hours were scarcely enjoyed, but they
were necessary.
Respectfully
/ /00-�
William Tucker Dean
Village Justice
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VEHICLE AND TRAFFIC MATTERS
Comparative Table of
Convictions and Fines
Collected in
1979
and the
Preceding 5 Years in
the
Village
of Cayuga Heights
OFFENSE
1974
1975
1976
1977
1978
1979
Speeding
430
456
428
471
521
470
Stop Sign
53
52
36,
54
30
4o
Passing stopped-school bus
0
0
2
1
2
0
Driving while intoxicated
2
0
4
16
4
6
Driving while abilities
impaired
5
1
6
17
8
11
Driving with .10 or more
of 1,% BAC
-
-
-
-
10
7
Failure to keep right
6
5
13
13
6
15
No passing zone
14
18
8
6
13
12
Unlicensed operator
21
20
21
29
19
44
Driving with license
suspended or revoked
0
1
5
4
5
4
Unregistered vehicle
20
32
39
61
38
58
Uninspected vehicle
80
101
109
155
88
116
No insurance
1
0
3
1
1
0
Improper plates
7
4
27
2
3
1
Equipment violations
22
50
70
96
74
16o
Soliciting a ride
0
0
4
1
1
0
Miscellaneous violations
48
42
28
19
36
16
TOTALS
709
782
823
946
859
96o
The above total convictions
for
1979 does
not
include
240 dismissals or
verdicts of not guilty.
TOTAL FINES COLLECTED including
parking
fines
and fees
in civil cases:
1974 1975 1976
1977
1978
1979
$15,497 $16,067 $15,026
$19,469
$18,891.50
$19,148.80
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CRIMINAL MATTIVS
During the past year the Court handled 41 criminal matters not
involving the Vehicle and Traffic Law.
OFFENSE 1979
Criminal mischief
1
Possession of a forged instrument
2
Bad check
9
Violation of Village Dog Ordinance
2
Violation of Village Ordinance - In
Sunset Part after hours
7
Unlawful possession of marijuana
8
Criminal possession of stolen property
4
Petit larceny
3
Aggravated harassment
1
Burglary 1st degree
1
Reckless endangerment
1
Disorderly conduct
1
Criminal trespass
1
TOTAL 1 41
CIVIL MATTERS
The Court disposed of 6 Civil cases during 1979•
1979
CAYUGA HEIGHTS VILLAGE COURT
(1)
DATE
CASE;
AGE
TEST
CHARGE
DISPOSITION
1/9/79
11015
44
.24
DWI
6/5/79 Guilty after trial- Cond.Disch.
MVA -PI
DWI .10% or more BAC
6/5/79 Guilty after trial- Cond.Disch.
Change Lanes Unsafely
6/5/79 Dismissed
No Insurance
1/16/79 Dismissed
2/8/79
11077
34
.12
DWI
3/13/79 Plead to DWAI- Cond.Disch.
DWI .10% SAC
3/13/79 Dismissed
Fail Keep Right
1 $15.00 Fine
2/14/79
11090
27
Refuse
DWI
3/27/79 Plead DWAI- Cond.Disch.
MVA -PD
No Insurance
2/27/79 Dismissed
Fail Keep Right
2/27/79 Dismissed
2/18/79
11098
21
.24
DWI
4/24/79 Plead Guilty DWI- Cond.Disch.
DWI .10% or more BAC
4/24/79 Plead Guilty -Cond. Disch.
Fail Keep Right
4/24/79 $15.00 Fine
2/23/79
11110
23
.09
DWI
3/6/79 Plead DWAI- Cond.Disch.
Speeding 45/30
3/6/79 835.00 Fine
Stop Sign
3/6/79 810.00 Fine
4/23/79
11245
24
.17
DWI
5/22/79 Dismissed
MVA -PI
DWI .10% or more BAC
5/22/79 Plead Guilty- Cond.Disch.
No Insurance
_4/24/79 Dismissed
4/29/79
11259
29
.02
DWI
6/5/79 Dismissed
MVA -PD
Fail Keep Right
-7/lQ/79 Not Guilty after trial
5/9/79
11281
17
.13
DWI
6/12/79 Plead DWAI- Cond.Disch.
DWI .10% or more BAC
6/12/79 Dismissed
No Insurance
5/22/79 Dismissed
Driving w Sus ended
6/12/79 Dismissed
6/29/79
11413
17
.16
DWI
9/4/79 Plead DWAI -850 Fine & 60 day
DWI .10% or more BAC
lic. susp.
9/4/79 Dismissed
Unlicensed Operator
9/4/79 810.00 Fine
6/30/79
11414
21
.17
DWI
1/19/80 Not Guilty after Jury Trial
DWI .10% or more BAC
1/19/80 Guilty after Jury Trial
Speeding 44/30
Pending
Unre . Vehicle
Pending
7/7/79
11429
51
.26
DWI (Felony)
1/23/80 Guilty after Co.Ct.Jury Trial
DWI .10% or more BAC
1/2,3/80 Guilt after Co.Ct.Jur Trial
8/7/79
11508
22
.19
DWI
10/25/79 Guilty DWAI after Jury Trial
DWI .10% or more BAC
10/25/79 Guilty after Jury Trial
Fail Keep Right
10 2 7 Dismissed
8/11/79
11521
39
.16
DWI
9/25/79 Plead Guilty -8100 Fine
DWI .10% or more BAC
9/25/79 Plead Guilt _ 00 Fine-lic rev.
8/23/79
11544
30
.09
DWI
10/16/79 Plead Guilty DWAI -Fined 850 &
Cond. Disch.
Pose. Marihuana
10/16/79 Dismissed
No Headlights
10/16/79 Dismissed
9/29/79
11627
19
.13
DWI
10/9/79 Dismissed
DWI .10% or more BAC
10/9/79 Plead Guilty- Cond.Discharge
Speeding
10/9/79 Dismissed
No Insurance
10/9/79 Dismissed
Unreg. Vehicle
10/9/79 Dismissed
Improper Plates
10/9/79 Guilty 810.00 Fine
1979 (2)
CAYUGA HEIGHTS VILLAGE COURT
DATE I
CASE
AGE
TEST
CHARGE
DISPOSITION
10/7/79
11649
19
.10
DWI
10/16/79 Plead DWAI -$50 Fine & 60 day
MVA -PI
lic. susp.
DWI .10 or more SAC
10/16/79 Dismissed
Failure Yield R /0/W Emer.Veh
10/16/79 $15.00 Fine
Unlicensed Operator
10/16/79 $20.00 Fine
Speeding 50/30
10/16/79 $30.00 Fine
No Insurance
10/16/79 Dismissed
io/16/7S
11678
40
.15
DWI
10/23/79 Dismissed
DWI .10 or more BAC
10/23/79 Plead Guilty -$50 Fine- Cond.Di
Failure Keep Right
10/23/79 Dismissed
Speeding 4_5/30
10 2 79 Dismissed
11/2/79
11712
30
.18
DWI
Pending
DWI .10% or more BAC
Pending
Failure Keep Right
Pending
11/4/79
11715
30
.12
DWI
11/27/79, Dismissed
DWI .10% or more BAC
11/27/79 Guilty DWAI -$50 Fine
Speeding 44/30
11 27/79 $18.00 Fine
11/22/?9
11764
21
.14
DWI
11/27/79 Dismissed
DWI .10% or more BAC
11/27/79 Plead Guilty- Cond.Disch.
,Speeding
11/27/79 Dismissed
11/23/79
11767
26
.07
DWI
12/18/79 Plead Guilty DWAI- Cond.Disch.
Stop Sign
12/18/79 $10.00 Fine
Speeding 55/30
12/18/79 $40.00 Fine
No Insurance
"2W79_ Dismissed
11'29/79
11781
24
.12
DWI
12/18/79 Plead Guilty
DWI .lC% or more BAC
12/18/79 Plead Guilty
Unlic. Operator
12/18/79 Plead Guilty
No Insurance
Pending
Inad. Exhaust
Pending
Unlaw. Poss. Marijuana
12/18/79 Plead Guilt
12/1/79
11791
27
.13
DWI
12/18/79 Plead Guilty
MVA -PI
DWI .IC% or more BAC
12/18/79 Plead Guilty
Unlic. Operator
12/18/79 Plead Guilt
9/14/7
T.C.S.D
29
.14
DWI
1/4/80 Not Guilty after trial by
.jury.
DWI .10 or more RAC
1/4/80 Guilty after trial by jury
Driving wrong direction
1/4/80 Dismissed