CLIFTON PARK – A member of the Niskayuna City board appeared in courtroom on Thursday — two days after his re-election bid — for an alleged offense of driving whereas intoxicated that occurred in late September.
John Della Ratta appeared in City Courtroom along with his lawyer, Patrick Campion of the Albany agency Gerstenzang, Sills, Cohn & Gerstenzang.
The case was pushed again to Dec. 16.
Campion, a former prosecutor of DWI instances in Saratoga County, stated neither he nor his shopper will remark till the case is resolved.
Della Ratta had appeared in the identical courtroom in his job as a lawyer. He works half time, 28 hours per week, for the Schenectady County Public Defender’s Workplace.
He is ready to be taught whether or not his present lead for a seat on the Niskayuna City Board will stand after absentee ballots are counted.
In keeping with police paperwork, Della Ratta was headed west on Route 146 when he allegedly modified lanes with out signaling simply after 7 p.m., Monday Sept. 27.
A Saratoga County sheriff’s deputy stopped him.
The deputy stated he smelled alcohol emanating from the automobile after Della Ratta rolled down his window.
When the deputy requested for Della Ratta’s driver’s license and registration, Della Ratta at first pulled out his lawyer’s identification.
Della Ratta then handed the deputy his license and registration.
When the deputy instructed Della Ratta he smelled of alcohol, the lawyer allegedly stated he solely drinks non-alcoholic beer.
Della Ratta allegedly refused an on-site breath check, for which he was charged, together with fees of DWI, driving whereas capability impaired by alcohol and two visitors tickets – citations for the unsafe lane change and improper or no sign, each infractions.
Della Ratta allegedly registered a .06% blood-alcohol studying from a breath pattern that was taken at 8:24 p.m.
Drivers in New York state with a blood-alcohol content material of .08% or extra could also be charged with misdemeanor driving whereas intoxicated. A decrease cost of driving whereas capability impaired by alcohol, labeled as an infraction, will be filed based mostly on a blood alcohol content material of .05% to .07%.
Della Ratta has since apologized for the arrest.
“There is no such thing as a excuse for what occurred; I have to and can do higher,” Della Ratta stated within the assertion subsequent to his arrest.
In a four-person race for 2 seats for his hometown’s board, Della Ratta held a 61-vote lead towards fellow Democratic incumbent Denise Murphy McGraw after Tuesday’s election.
Della Ratta was in second place with 2,663 votes to McGraw’s third-place end, with 2,601 votes.
However 252 absentee ballots are excellent – 284 of 536 of these ballots had been returned earlier this week, based on the Schenectady County Board of Elections.
Absentee ballots can be counted on Nov. 15 and the election outcomes can be licensed by Nov. 27.
Della Ratta was first elected to the Niskayuna City Board in 2013. He’s in search of a 3rd time period.
Contact reporter Brian Lee at [email protected] or 518-419-9766.