Glenn R. Bruno, Esq.
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New York plow driver taken into police custody for DWI

A 47-year-old man was taken into police custody on Dec. 15 after he allegedly drove a snow plow while intoxicated. Police reports state that the Buffalo man drove the plow into a building at Arden Avenue and Bailey Avenue and then into a cab driver at Kay Street and Eggert Road at about 5 a.m. The cab driver was taken to the hospital for the treatment of a broken hand.

Police officers charged the plow driver for a DWI offense, criminal mischief and leaving the scene of an injury accident, among other charges, related to hitting the building and cab driver. His arraignment hearing was scheduled for Dec. 16 and bail was set at $20,000, though it was not indicated whether he was still being detained at the time of the report. The reports did not state if he was injured during the alleged incidents or if he was given any type of field sobriety test.

According to reports, the driver was suspended from his job without pay. That decision was to remain in place until there was a review to determine if there would be further penalties. His license was also suspended by the court, and there was no indication about when it might be reinstated.

If there is no chemical evidence of the man having been intoxicated, a defense attorney might move to have the charges dismissed if the case is based only on circumstantial evidence. The snowy road conditions at the time of the incident may also have been a contributing factor in the two crashes. If the charges are not dropped, it might be possible to negotiate for a plea bargain in which the accused individual would plead guilty in exchange for reduced penalties.

Source: DIG Triad, "Buffalo Snow Plow Driver Charged With DUI", December 16, 2013

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