Sheriff Thomas J. Dougherty stories the arrest of two Monroe County residents on Driving Whereas Intoxicated and Aggravated Unlicensed Operation of a Motor Automobile expenses following a visitors cease.
On November 2, 2021 at roughly 9:20pm, Deputy Justin Hilt was assigned to the Sheriff’s Workplace STOP DWI Unit when he carried out a visitors cease with a car on Lakeville Highway, within the City of Avon, for a violation of the NYS Automobile and Site visitors Legislation. Whereas trying to get the car to tug over, it’s alleged that the Deputy Sheriff did observe the driving force and the entrance passenger of the car switching seat positions whereas the car was nonetheless in movement. The car did then adjust to the Deputy and pulled over.
The unique operator of the car was recognized as Joshua A. Padilla, age 31 from Rush, NY. The unique passenger of the car, who switched seats with Padilla and subsequently gained management of the car was recognized as David B. Towne, age 26 and likewise from Rush, NY.
Throughout the cease, the Deputy Sheriff suspected that each Padilla and Towne have been each beneath the affect of alcohol. Deputy Hilt did conduct a DWI investigation with Padilla, which included the efficiency of standardized discipline sobriety exams. Deputy Cheyenne Masiello additionally responded to the scene and carried out an further DWI investigation with Towne, which additionally included the efficiency of standardized discipline sobriety exams. On the conclusion of the roadside investigation, each Padilla and Towne have been every taken into custody for DWI.
Each Padilla and Towne have been transported to the Sheriff’s Workplace Headquarters in Geneseo the place they have been supplied a breathalyzer to find out their blood alcohol content material (BAC). Padilla did refuse to take this take a look at. Corporal Brenda Clark, of the Jail Division, did administer a breathalyzer take a look at to Towne. The breathalyzer revealed that Towne had a blood alcohol content material (BAC) of .34%, over quadruple the authorized restrict.
A data test revealed that Padilla had a revoked driver’s license because of earlier DWI associated offenses. The test additionally revealed that Padilla had a earlier conviction for DWI in August of 2015.
Padilla was arrested and charged with felony Driving Whereas Intoxicated and felony Aggravated Unlicensed Operation of a Motor Automobile within the 1st Diploma, as effectively further Violations of the NYS Automobile & Site visitors Legislation.
Towne was charged with misdemeanor Aggravated Driving Whereas Intoxicated.
Each Padilla and Towne have been turned over to Central Reserving Deputies on the Livingston County Jail for processing and pre-arraignment detention. The offenses did qualify for arraignment because the Decide can invoke driving restrictions nonetheless, the Decide can not set bail beneath the NYS Justice Reform Act.
Padilla and Towne have been later arraigned on the Livingston County Centralized Arraignment Half (LC-CAP) on the Livingston County Jail earlier than City of North Dansville Justice David Werth. The Decide did launch every of them on their very own recognizance, per the legislation, and Deputies did set them free.
The Livingston County Public Defender’s Workplace was current and represented Padilla and Towne at their court docket arraignment for his or her protection. The Livingston County District Lawyer’s Workplace was notified however didn’t seem to characterize the individuals.