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Post by Clipper on May 19, 2012 12:54:38 GMT -5
Officials: Drunken man sideswipes Oneida Co. deputy's car . ANNSVILLE —
A driver faces charges after authorities said he sideswiped an Oneida County sheriff’s patrol car Saturday.
At about 12:50 a.m., a deputy was stopped on Main Street at the intersection of Route 69 when Mark Dobroski, 48, of West Brandywin, Pa., attempted to make a right turn from Route 69 onto Main Street in his 2002 Chevrolet Silverado, deputies said.
Dobroski lost control of his vehicle, which slid from the northbound lane and into the southbound lane on Main Street where the patrol car was stopped, deputies said.
Dobroski’s vehicle then sideswiped the patrol car, and then Dobroski continued driving northwest on Main Street, deputies said.
After a short pursuit, Dobroski pulled over and was taken into custody without incident, deputies said. . He was cited for several traffic violations including, aggravated driving while intoxicated, common law DWI, and driving with a blood-alcohol content of 0.08 percent or more, deputies said.
He was arraigned at Camden Town Court and sent to Oneida County jail on $500 cash bail. He is scheduled to return to court
There were no injuries. Copyright 2012 The Observer-Dispatch, Utica, New York. Some rights reserved
Now that is what one might call ending the night with a big "Oh crap, this is not going to end well!" LOL
That could have been a lot worse. Coming off Rt 69 at a significant rate of speed, and hitting the driver's side of the cruiser could have seriously injured or killed the deputy had he smashed into the driver's side door rather than sideswiping the car. Thank goodness there were no injuries.
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Post by Deleted on May 19, 2012 15:34:11 GMT -5
What does ' common law DWI ' mean? Also it is a little embarrasing to get stopped with only a .08 BAC. He needs to learn how to handle his alcohol. I had a DWI once. Blew a .20 and that would never happen again. I do remember the cops were very nice.
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Post by Clipper on May 19, 2012 15:53:20 GMT -5
He was charged with driving with a blood alcohol level of .08 "OR MORE." I imagine he was in the "or more" range if he couldn't make a corner without sideswiping a cop car with a light bar and reflective decals all over it. Maybe "common law" DWI means that he was not married to the bottle, but simply having an intimate relationship with it for the night.
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Post by Deleted on May 19, 2012 18:35:14 GMT -5
Oh now that is funny!
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Post by clarencebunsen on May 19, 2012 18:44:19 GMT -5
I just read a very boring legal piece with the relevant part being "When a person is prosecuted under the “common law” theory, measurement of that person’s BAC is not required. The motorist may be arrested and prosecuted based solely on the observations and opinions of the investigating officer(s)."
I like Clipper's explanation better.
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Post by Ralph on May 20, 2012 16:29:15 GMT -5
In New York, there are two different charges that pertain to Driving While Intoxicated (DWI). The first is called Driving While Intoxicated, per se, and is set out in Vehicle and Traffic Law § 1192(2). This section makes it illegal to drive a motor vehicle with .08% or more of alcohol in the bloodstream. It makes no difference under this charge whether the motorist appears intoxicated. All that counts is the amount of alcohol in the blood.
The second is Driving While Intoxicated and is often called "common law DWI." Created by Vehicle and Traffic Law § 1192(3), it does not require a blood or breath test. All that is required is evidence, generally the opinion of the arresting police officer, that the motorist was intoxicated.
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Post by Deleted on May 21, 2012 11:20:53 GMT -5
I guess it is better to be charged with Law 1192(3) in terms of the costs involved. Especially car insurance.
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Post by Ralph on May 21, 2012 17:42:43 GMT -5
Either way you're pretty much toast.
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