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1981
ANNUAL REPORT OF THE VILLAGE JUSTICE
VILLAGE OF CAYUGA HEIGHTS
Traffic matters continued to predominate in the docket of
the Village Court in 1981. Speeding was the offense producing
the largest number of convictions with uninspected vehicles next
but far behind.
The year was the first full year for the experimental Turning
Point Program initiated by former District Attorney Joseph Joch.
Persons without a prior conviction for driving while intoxicated
are normally accepted in the Program for individual and group
counselling on the effects of driving after consuming too much
alcohol. As a result within the village the convictions for
driving while intoxicated have dropped and those for driving while
ability impaired have increased. Persons satisfactorily completing
the Turning Point Program are permitted to plead guilty to the
latter offense, a violation rather than a misdemeanor. In 1982
the old maximum fine of $50 for driving while ability impaired has
been replaced by a minimum fine of $250: how this will affect the
Turning Point Program, for which the driver pays a tuition fee of
$125,remains to be seen.
An appendix to this report prepared by the Police Department
shows how each drunken driving case concluded in 1981 was handled.
An appeal from a conviction of speeding by a defendant rep-
resented by counsel resulted in affirmance of the Village Court.
After each conviction of a misdemeanor a pre- sentencing
report is obtained from the County Probation Department. These
continue to be a valuable guide to the court in setting a sentence
with an eye to the rehabilitation of the defendant. The Diversion
Program for defendants charged with non - vehicular misdemeanors has
been successful. In only one instance has a defendant in the
Diversion Program become involved in new charges.
Without Cos. Andrea Barnett, clerk of the Village Court, the
efficiency of the court would be substantially impaired.
While most cases come to the Village Court from the Village
Police, some originate with the County Sheriff, State Police or
the Cornell Department of Public Safety. It is notable that from
time to time convicted defendants speak highly of the.professional
attitude of the Chief of Police, Harlin R. McEwen and the members
of the force.
The number of civil cases remained about the same. These have
been predominantly in the Small Claims Part where $1,500 is the
maximum judement and no lawyers are required.
About 138 hours were devoted
time required for telephoning and
to time in court with additional
occasional legal research.
Respectfully submitted;
i
William Tucker Dean
Village Justice
-2-
1981 VEHICLE AND
TRAFFIC
MATTERS
Comparative Table of
Convictions
and Fines
collected in 1981 and the
preceding
5 years in
the
Village of
Cayuga
Heights
OFFENSE 1976
1977 1978
1979
1980 1981
Speeding 428
471
521 470
297
242
Stop sign 36
54
30 4o
32
26
Driving while intoxicated 4
16
4 6
4
1
Driving while abilities
impaired 6
17
8 11
6
11
Driving with ,10 or more
of 1% Blood Alcohol' -
-
10 7
13
3
Failure to keep right 13
13
6 15
13
9
No passing zone 8
6
13 12
11
7
Unlicensed operator 21
29
19 44
30
30
Driving with license
suspended or revoked 5
4
5 4
2
3
Unregistered vehicle 39
61
38 58
45
26
Uninspected vehicle 109
155
88 116
72
82
Equipment violations 70
96
74 160
65
47
Miscellaneous violations 28
19
36 16
23
16
TOTALS 823
946
859 96o
613
503
The above total convictions for
1981 does
not include
134 dismissals
or verdicts of not guilty.
TOTAL FINES COLLECTED including
parking
fines and civil fees:
1976 1977 1973 1979
1980
181
$15,026 $19,469 $18,891 $19,148
$13,482
$11,382
am
CRIMINAL MATTERS
During the past year the Court handled 31 criminal matters
not involving the Vehicle and Traffic Law. This number includes
it dismissals.
OFFENSE 1981
Issuing a bad check ............................ 4
Unlawful possession of marijuana 4
Arson in the 2nd degree 1
Aggravated harassment 1
Disorderly conduct 1
Criminal trespass 2
Escape in the 3rd degree 1
Trespass, a violation 2
Harassment ....... ............................... 3
Petit larceny .... ....0..........1.0 ............. 1
Dismissals ....... ............................... 11
TOTAL 31
CIVIL MATTERS
The court disposed of 9 civil cases during 1981.
1981
CAYUGA HEIGHTS VILLAGE COURT
DATE
CASE
PiGE ITEST
CHARGE
DISPOSITION
1/25/81
12926
20
.19
DWI
5/12/81 Dismissed
DWI .10% BAC
5/12/81 Dismissed
Driving while Susp.
5/12/81 Guilty $150. fine
Unre . Motor Vehicle
5/12/81 Dismissed
2/2/81
12948
18
.16
DWI
Pending - Turning Point
DWI .10% BAC
Pending
Speeding 100 /55
Pending
F /Y /R /O/W to Emer Veh.
Pending
No Insurance
2/3/81 Dismissed
2/4/81
12954
33
.21
DWI
Pending
DWI .10% BAC
Pendino
2/28/81
13029
40
.21
DWI
8/4/81 Dismissed
DWI .10% BAC
8/4/81 Guilty - DWAI- $50.fine- Turning Point
Fail to dim headlights
6/30/81 Guilty S10.fine
3/30/81
13094
21
.22
DWI
6/30/81 Dismissed
MVA -PD
DWI .108 BAC
6/30/81 Guiltv - DWAI -S50 fine- Turnin Point
4/25/81
13166
22
.07
DWI
5/5/81 Dismissed
Fail to keep right
5/5/81 Guilt S50 fine
4/30/81
13181
19
.17
DWI
Pending_ Turning Point
DWI .108 BAC
Pending
Speed not reasonable an
prudent
Pending
5/10/81
13215
26
.09
DWI
5/19/81 Guilty - DWAI -$50 fine -60 day susp.
Fail to dim headlights
5/19/81 Guiltv $10 fine
5/29/81
13252
21
.18
DWI
12/1/81 Dismissed
MVA -PD
DWI .108 BAC
12/1/81 Guilty - DWAI- $50.fine- Turning Point
Fail to keep right
12/1/81 Guilty $25 fine
Unre . Motor Vehicle
12/1/81 Dismissed
6/7/81
13283
27
.13
DWI
6/16/81 Dismissed
DWI .10% BAC
6/16/81 Guilty - DWAI -$50 fine - attend
Drinking Driver Program
Speeding
6/16/81 Guiltv $47 fine
6/14/81
13290
24
1 Ref.
DWI
9/29/81 Guilty- DWAI -$50 fine -Lost
MVA -PD
drivinq privilege in NYS 90 days.
9/4/81
13500
21
.07
DWI
9/9/81 Dismissed
Fail to keep right
9/22/81 Guilty $15 fine
Unlicensed Operator
9/9/81 Dismissed
9/6/81
13508
32
.16
DWI
Pending
(
DWI .108 BAC
Pending Turning Point
Fail to keep right
-
Pending
9/22/81
13552
I25
I .07
DWI
9/29/81 Dismissed
Fail to keep right
9/29/81 Guiltv S15 fine
10/12/81
13605
19
.20
DWI
Pending
MVA -PDI
DWI .10% BAC
_
Pending _ Turning Point
No Valid Inspection
Pending
Following too close
_
Pending.
11/7/81
13664
20
.10
DWI
1/26/82 Dismissed
DWI .108 BAC
1/26/82 Guilty - DWAI -$50 fine
Speeding 75/55
1/26/82 Guilty- Failure to Signal -$50 fine
Unreg. Motor Vehicle
12/1/81 Dismissed
11/14/81
13682
21
.15
DWI
Pending
MVA -P
DWI .10% BAC
Pending Turning Point
Fail to keep right
_
Pendino
1981
CAYUGA HEIGHTS VILLAGE COURT
DATE CASE
AGE
(TEST
I CHARGE
DISPOSITION
12/15/81 13761
20
.14
DWI
Pending
MVA -PD
DWI .108 BAC
Pending -
Unsafe Tires
Pendina - Turning Point
12/18/81 13773
62
.25
DWI
Pending
DWI .108 BAC
2/9/82 Guilty- Awaiting sentencing