HomeMy WebLinkAboutAnnual Report of the Village Justice 1980. i-
ANNUAL REPORT OF THE VILLAGE JUSTICE
VILLAGE OF CAYUGA HEIGHTS
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The total number of cases in the Village Court fell off in 1980, not
because of an increase in law observance but because of the diversion of
police time to criminal investigation. The safeguards for persons accused
of crime, which have been enacted by the Supreme Court of the United States,
are very time - consuming, and the officers carrying on criminal investigations
cannot be on traffic patrol at the same time.
On December 1, 1980 the District Attorney established the Turning Point
Program, designed to reach the first -time offender in drunken driving cases
by giving him the option of entering a counselling program before arraignment
in court. If the defendant successfully completes the program, he will be
eligible for a reduction from the misdemeanor of driving while intoxicated
to the infraction of driving while ability impaired by alcohol. Those not
eligible because of prior convictions and those not choosing to enter the
program will normally be tried before a jury in the Village Court. While the
Turning Point Program will probably mean fewer trials in the Village Court,
it may raise the standards of enforcement in other criminal courts in the
county where reductions are said to have been more common than trials. After
two years the Turning Point Program will be reexamined.
A change in the law effective January 1, 1981 enables the Court to suspend
at once the driver's license of a defendant charged with drunken driving who
refuses to take the Breathalyzer test. Such a defendant in the past has
usually been bard for the People of the State of New York to convict because of
the subjective nature of the evidence without a Breathalyzer test.
An appendix to this report prepared with the cooperation of the Police
Department lists the disposition of each drunken driving defendant whose case
was concluded in 1980. The series of jury trials has been a burden on all
involved, but the fact that these trials were held probably caused other de-
fendants to plead guilty to the original offense rather than face such a trial.
One drunken driving conviction in the Village Court was reversed on appeal
in the County Court. The reversal was based on the limitation on what the
Village Court held to be repetitive cross - examination by defense counsel and the
instruction to the jury that if the Breathalyzer machine was in proper operating
condition and used by a trained officer following his instructions, the resulting
reading would show the blood alcohol content of the defendant.
The Tompkins County Probation Department conducted valuable pre- sentencing
investigations to guide the Court in arriving at a sentence after conviction.
The Department in appropriate cases through its Diversion Program counselled
misdemeanor defendants and supervised their assigned community service. Those
completing the Diversion Program were theft eligible for dismissal. Only non -
traffic defendants were involved.
The Court Clerk, Ms. Andrea Barnett, is the most capable clerk ever to
serve the Court over about 18 years. Her energy and patience greatly enhance
the efficiency of the Court.
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Most cases were brought. into the Village Court by the Village Police
Department, whose well trained officers themselves represent the People of
the State of New York when there is not an attorney appearing for the defendant
at a trial. A few cases originated with the Cornell Department of Public
Safety, the County Sheriff and the State Police.
Another increase up to $1,500 in the jurisdictional amount for the Small
Claims Part of the Village Court has not produced any significant increase in
the number of cases filed.
About the same time was devoted to the Court as last year by the Village
Justice, 175 hours, but more of them were in the form of jury trials than the
year before.
Respectfully submitted,
William Tucker Dean
Village Justice
M
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VEHICLE AND TRAFFIC MATTERS
Comparative
Table
of Convictions
and Fines
Collected in 1080 and
the Preceding 5
Years
in the
Village of
Cayuga
Heights
OFFENSE
1975
1976
1977
1978
1979
1980
Speeding
456
428
471
521
470
297
Stop sign
52
36
54
30
40
32
Driving while intoxicated
0
4
16
4
6
4
Driving while abilities
impaired
1
6
17
8
11
6
Driving with .10 or more
of 1% Blood Alcohol
-
-
-
10
7
18
Failure to keep right
5
13
13
6
15
13
No passing zone
18
8
6
13
12
11
Unlicensed operator
20
21
29
19
44
30
Driving with license
suspended or revoked
1
5
4
5
4
2
Unregistered vehicle'
32
39
61
38
58
45
Uninspected vehicle
101
109
155
88
116
72
Equipment violations
50
70
96
74
16o
65
Miscellaneous violations
42
28
19
36
16
23
TOTALS
782
823
946
859
96o
613
The above total convictions for
1980 does not include
157 dismissals or
verdicts of not guilty.
TOTAL FINES COLLECTED including
parking
fines and fees
in civil cases:
1975 1976 1977
'1978
1979
1980
$169067 $15,026 $19,469
$18,891
$19,148
$13,482
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CRIMINAL MATTERS
During the past year the Court handled 34 criminal matters not
involving the Vehicle and Traffic Law. This number includes 7 dis-
missals.
OFFENSE 1980
Unlawful possession of marijuana .......:........... 6
Criminal trespass, 2d degree ......................... 2
Petit larceny ...... ............................... 2
Disorderly conduct .... ............................... 4
Issuing a bad check ... ............................... 3
Violation of Village Ordinance-
In Sunset Park after dark .......................... 6
Violation of Village Ordinance -
Dog Control ....... ............................... 1
Attempted petit larceny .............................. 1
Attempted criminal possession of
stolen property ..... ............................... 1
Trespass .............. ............................... 1
Dismissals ............ ............................... 7
TOTAL
CIVIL MATTERS
The Court disposed of 7 civil cases during 1980.
34
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1980
CAYUGA HEIGHTS VILLAGE COURT
DATE
CASE
AGE
TEST
CHARGE
DISPOSITION
1/27/80
11909
21
.18
DWI
10/15/80 Dismissed
DWI .108 or more BAC
10/15/80 Pending (Plead Guilty
Jury Trial)
Sneed Not Reduced
10/15/80 Dismissed
2/8/80
11934
47
Refused
DWI
4/22/80 Plead Guilty DWAI- $50.Fine
Driving While Suspended
4/22/80 $200. Fine
Soeedino 49/30
4/22/80 Dismissed.
2/9/80
11939
20
.17
DWI
2/26/80 Dismissed
DWI .108 SAC
2/26/80 $50.Fine/ Cond. Discharge
Im ro er Left Turn
2Z26/80 Dismissed.
2/22/80
11985
21
.16
DWI
3/4/80 Dismissed.
DWI .108 BAC
3/4/80 Guilty - Cond. Discharge
Failure to keen Right
3/4/80 Dismissed
3/4/80
12006
23
DWI
5/13/80 Guilty consumption of alcohol
in vehicle. $10. Fine
In Sunset Park after hours
5/13/80 $10. Fine
FYROW Emera. Vehicle
5/13/80 $40. Fine
3/8/80
12022
24
.24
DWI
11/18/80 Guilty after Jury Trial
DWI .108 BAC
11/18/80 Guilty after Jury Trial
Unregistered motor' vehicle
3/11/80 Dismissed.
3/19/80
12045
32
.18
DWI
7/19/80 Not Guilty -Jury Trial
DWI .108 BAC
7/19/80 $50. Fine - Guilty after Jury
Trial/ Cond. Discharge.
Unlicensed Operator
7/19/80 $10. Fine
3/21/80
12049
20
-11
DWI
4/1/80 Dismissed
DWI .108 BAC.
4/1/80 Guilty DWAI- $50. Fine
Conditional Discharge.
Failed to keep Riqht
4/l/80 $25. Fine
3/23/80
12054
'32
-29
DWI
4/8/80 Guilty -Cond. Discharge
DWI .108 BAC
4/8/80 $50. Fine -Cond. Discharae
4/26/80
12141
19
-14
DWI
4/29/80 Dismissed
DWI .108 BAC
4/29/80 $100 Fine. Cond. Discharge
Unlawful Poss. Marijuana
9/23/80 $25. Fine
Fail.to obey traffic control
4/29/80 $10. Fine
5/11/80
12189
24
-21
DWI
5/13/80 Dismissed
DWI .108 BAC
5/13/80 $50. Fine - Guilty- 3 yrs prob.
Failed to keep right
5/13/80 Dismissed
6/15/80
12299
17
-17
DWI
9/2/80 Guilty DWAI- Probat. 3 yrs.
DWI .108 BAC
9/2/80 Dismissed
Poss. Stolen Prop. 2nd Deg.
11/4/80 Restitution $603.77 to be
paid to Probation
Unlicensed Operation
9/2/80 Dismissed
7%20/80
12392
28
Refused
DWI
Pending
Stop Sign
10/21/80 Dismissed
Inadeq. Exhaust
10/21/80 Dismissed
Driving out of Class
10/21/80 Pending
1980 -6-
,
CAYUGA HEIGHTS VILLAGE COURT
DATE
CASE
AGE
TEST
CHARGE
DISPOSITION
9/30/80
12647
24
Refused
DWI
10/21/80 Indicted - Pending
Driving while revoked
10/21/80 Indicted- Pending
No Valid Inspection
Pending
Unlicensed Ooerator
Pending
10/5/80
12659
18
.16
DWI
Pending
DWI .108 SAC
Pending
Leaving Scene
Pending
Unlicensed Operator
10/7/80 Dismissed
11/7/80
12772
21
.10
DWI
12/9/80 $50. Fine - Guilty DWAI
WI .108 SAC
12/9/80 Dismissed
Unlawful Poss. Marijuana
12/9/80 $25. Fine
Unauthorized Use Blue Licht
12/9/80 Dismissed
11/25/80
12809
17
.12
DWI
Pending
WI .108 SAC
Pending
Failure to keep Right
Pending
Sneed Not Reasonable
Pendin