Guilderland residents spoke out en masse Tuesday, March 17, against a proposal by Councilman Warren Redlich that would direct police officers to not write tickets for DWAI, or driving while ability impaired, offenses where defendants register a 0.04 or 0.05 blood-alcohol content.
Redlich proposed the measure to increase the efficiency of the court because DWAI tickets are commonly thrown out by judges.
However, at that Tuesday Town Board meeting, a motion to seek permission from the state to hire an additional town justice passed 4-to-1, with Redlich dissenting, adding that it is an expense the town cannot afford.
Town Supervisor Ken Runion said that although the court system operated at a profit, hiring an additional justice should not be decided on whether the town will make or lose revenue.
You can’t base everything on dollars and cents, he said. `We have an obligation to the town, and services cost money.`
Councilwoman Patricia Slavick echoed that sentiment, stating the board should base decisions on more than a financial cost-benefit analysis.
Redlich said he is concerned that the additional justice will be too expensive and strain the already stretched budget even further. He estimated the cost of an additional justice, including salary, benefits and possible additional staff, would come to between $60,000 and $100,000.
`We just decided to spend $100,000 at a time when we have a serious fiscal crisis at the national, state and local level,` Redlich said, of the motion passed by the board.
He said other towns, such as Bethlehem, Rotterdam and Clifton Park, generate more revenue each year, and only have two justices.
Redlich’s suggestion about the DWAI tickets was one of a number he made to make the town court more efficient. He also suggested having more cases handled by mail and staggering the times people come into court.
He said writing a ticket for DWAI for a BAC under 0.05 percent is a waste of time because those charges are often thrown out anyway, as dictated by state statutes.
His suggestion was met with vocal opposition.
Guilderland residents spoke out against the measure, citing their desire for a third justice.
Anna Russo, deputy town clerk and an Altamont resident, said she was `hurt and surprised` by Redlich’s suggestion.
`Laws such as highway safety are there to safeguard our communities,` Russo said.
Russo said a driver with a BAC of 0.05 killed her daughter, and that it is dangerous to drive under the influence of even the smallest amount of alcohol.
She urged the town board to let the police use their professional discretion when it comes to writing tickets.
`They know when to stop them. They know when to write tickets. They do it from their heart,` she said. `It’s not a solution to let a drunk driver walk.`
Others stated that DWI enforcement should not be directed by the town board. Letters from the Albany County District Attorney’s office; Leonard Crouch, administrator of the Stop-DWI program in Albany County; and town residents were submitted to the board prior to the meeting. All were opposed to Redlich’s suggestion.
Some speakers brought signs and pictures of their loved ones as a reminder to the board of the tragedies drunk driving can bring.
Redlich responded to the public criticism by saying he is only citing the parameters of state law that result in dismissal of many charges.
`I’m not saying we let them walk. They do walk,` Redlich said of the cases where a defendant is cited with a 0.05 BAC.
Redlich also discussed Albany County District Attorney David Soares’ policy of not permitting those with aggravated DWI charges to plea down if they have a 0.20 BAC or higher. Redlich said he is concerned that a number of cases of aggravated DWI that are fought are found in favor of the defendant, and many could have resulted in a plea where the defendant would at least get some penalty, such as treatment or counseling.
A plea down from an aggravated DWI serves to reduce time in court, saving time for Guilderland, as well as providing a guarantee for some counseling.
Redlich, a defense lawyer, said he has won cases for clients who were charged with aggravated DWI, and the defendant was not penalized at all.
`I win some of these cases, Redlich said. `You may not like the fact that I win these cases.`
Soares said changing the policy to accept pleas for aggravated DWI cases above 0.20 is `outrageous.` He said stricter enforcement is vital to keeping drunken drivers off the road.
Soares’ office wrote a letter to the Guilderland Town Board in response to Redlich’s suggestion.
`Quite frankly, we didn’t believe this was an actual proposal being put forth,` Soares said. `Over the last several years, law enforcement in Albany County has worked very hard to send a message about drunk people getting behind the wheel of a car.`
Soares said Redlich should not, as a legislator, dictate police policy.
He also took issue with Redlich’s practicing of law in courts where Guilderland police officers might appear, even if they are not Guilderland town courts. He said Redlich is acting in a conflict of interest, since he oversees the police budget as a town board member.
The idea to hire a third justice was the result of a letter from Supreme Court Third Judicial District Administrative Judge George B. Ceresia Jr. sent to the town recommending it consider hiring another judge to help handle the nearly 11,000 cases the town court sees each year. The town has two part-time justices, John Bailey and Denise Randall, and each handles about 5,500 cases per year.
Bailey said the traffic court on Monday and criminal court on Thursday average close to 170 cases each night.
`Our Monday nights are very busy. Our Thursday nights are even busier,` Bailey said.
Bailey said some nights can have as many as 250 cases, but he is dedicated to giving everyone a fair hearing.
The town pulled in $851,256 last year from the court system. Revenue from the court has been on the rise, and was close to $117,000 from 2006-2007, Runion said.
Runion said hiring a third justice to shoulder some of the load would allow the court to process backlogged cases and generate revenue faster. He said that an additional justice could also provide an opportunity for cases to be heard in the day, and that could decrease the town’s allocation of overtime to officers who appear in court off-duty. Runion said the money saved on overtime and the quicker revenue stream would cover the cost of an additional justice.
Councilman Paul Pastore said that hiring a third justice as the economy worsens could be prudent because crime tends to increase in those times.
A bill in the state Legislature to give the town permission to hire another judge must pass both houses and be signed by the governor before the town can proceed.
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