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Sobriety checkpoints planned for Le Roy over holiday weekend

By Howard B. Owens

Press release:

The Village of LeRoy Police Department will be running sobriety checkpoints in conjunction with the Genesee County Sheriff’s Office, New York State Police and Batavia Police this holiday weekend to deter intoxicated operation. These efforts will include stationary checkpoints and roving patrols in and around the Village of Le Roy.

matt riggi

Why would they NOT advertise this? If even one person reads this post and decides not to drive after a few drinks this weekend, that could be the difference between life and death.

May 25, 2012, 6:51am Permalink
jason reese

Genesee County ny purposely want people killed and arrested. Public transportation in Genesee County does not provide public transportation for citizens to use to avoid DWI or vehicular homicides. Buffalo and Rochester, Ny whom are much bigger has 24 hour public transportation 365 while Batavia, Ny public transportation ends at 5:00pm on weekdays and has no public transportation on weekends. The person to blame the County Manager. So the next time someone gets a dwi or someone is killed in Genesee County, Ny blame the County Manager for not supplying a public transportation service that could reduce these types of felony's.

May 25, 2012, 12:42pm Permalink
Mark Potwora

Jason ...Don't for get they will also give you a parking ticket if leave your car in a city parking lot overnight if you choose not to drive...

May 25, 2012, 2:06pm Permalink
Mark Brudz

Actually, there is no one to blame, we have less people in the county than a single section of cities like Rochester and Buffalo.

We can not afford 24/7 bussing nor would m,ost in the county want it.

No one in law enforcement or the citizenry at large wants more deaths and/or felony convictions

Like everything in life there are choices, choosing to live in Genesee county means that one would prefer our small town charms over big city services. Taxing property owners more to put busses on the road is not the answer

May 25, 2012, 2:49pm Permalink
Gary Spencer

Jason,
What?
You cannot be serious! Those who drink and drive need to take personal responsibility for their actions. To blame the county for not providing transportation is absolutely ludicrous! Call a cab and pay $5 to save a life, not to mention fines, lawyer costs ect.
I, for one, believe that the punishment for first time offenders should be greatly increased; not for a deterrent for other, but for a deterrent for 2nd time offenses.
Finally, I also have to say, I agree with those who have stated that these road blocks are a type of illegal search and seizures.
Now let me ask this question: Why not allow the police to monitor parking lots of bars and pull over people who have been there for hours?

May 25, 2012, 3:03pm Permalink
John Roach

Jason Reese,
The Buffalo and Rochester areas have DWI and related arrests all the time. Public transportation does not stop it.
And to say the County "want people killed", is far beyond stupid.

May 25, 2012, 3:44pm Permalink
Frank Bartholomew

Not for nothing, but back in my days of drinking, I would wait until 6 or 7 am to drive home after drinking all night,the checkpoints were all done by then.
So the checkpoints kept me off the road when traffic was next to nothing, but put me on the road for morning rush hour.

May 26, 2012, 8:51am Permalink
Frank Bartholomew

Gary, better yet, lets post policeman at the door of the bars, he can whip out a breathalyzer on spot and if you don't pass, he can confiscate your car keys, then charge 50 bucks to get them back once you can pass the breathalyzer.

May 26, 2012, 9:09am Permalink
Frank Bartholomew

I find it ironic that if a person is legally intoxicated and chooses to walk home from wherever it was they got in that condition, they now risk being charged with public intoxication.Walking home at 2 or 3 am is as much reasonable suspicion as randomly stopping traffic to snoop around someones private vehicle.

May 27, 2012, 9:46am Permalink
Howard B. Owens

There is no law in New York prohibiting public intoxication. You can walk home as drunk as you want to be without running afoul of the law.

Now, there are laws regarding disorderly conduct and such that an intoxicated person might violate, but being drunk in and of itself is not against the law.

May 27, 2012, 10:08am Permalink
Frank Bartholomew

Howard, if you are staggering down the street, you can be charged with public intoxication, if the officer deterimes you may hurt yourself, it is within his descretion to arrest you, believe me,I know.
The charge will stick because I dare anyone to walk into court and tell the judge the arresting officer was wrong in his judgement. Who will the judge beleive, the drunk or the cop?
By definition, a public intoxication charge usually has a number of elements, all of which must be met, including: .1) You appear or seem to be:( 2) Drunk or intoxicated: and ( 3) You are in public.

May 27, 2012, 11:56am Permalink
Kyle Couchman

Frank better look it up again..... you cant be legally arrested for something there is no ordinance for, however if you are drunk then they can stop you and question you hoping to aggravate you into a disorderly conduct, or wait for you to urinate somewhere or something like that. Hell I have see squad cars just pace a drunk staggering on a sidewalk to tick him off. but really you cant be arrested for just public drunkeness.

May 27, 2012, 6:11pm Permalink
Frank Bartholomew

Ahh, there was a law on the books at some time in the state, and I beleive Batavia also. That really doesn't
change what I stated, there are numerous other laws which would suffice in the situation I described.
Use your imagination as an officer would, lots of choices, mental health, civil disobedience, hell If I
were a cop, I would bet resisting arrest would make my list.

May 27, 2012, 7:39pm Permalink
John Roach

Frank,
It is not a state law. And while some local governments have laws against public intoxication, Batavia is not one of them. But you are right, there are other laws on the books to the issue.

May 27, 2012, 7:37pm Permalink
Frank Bartholomew

John, exactly, the best law would be disorderly conduct, its a fairly generic charge that fits many situations.
My memory failed me, PI was on the books in Colorado when I lived there in the late 60's.
In the city of Longmont, drunks on the streets was not tolerated. One evening while walking home
I came across a fellow being booked for PI. As the fellow was put in the back of the patrol car, the officer looked at me and said, just taking out the trash youngster, run along.
An arrest in Batavia I recalled was a DC, not a PI. A guy was riding his bicycle down W.Main near what was then, Mancuso Motors, While crossing from right to left, he ran over a large slushy mess
near the center of the street and was tossed from the bike. The only vehicle near this mishap was a
City Police cruiser, which stopped and charged the guy with disorderly conduct, claiming the guy created a traffic hazard.

May 27, 2012, 8:05pm Permalink
Mark Brudz

Maybe a disorderly conduct charge is possible Frank, but you would have to be what an officer would consider a threat to your sel or others or a nuisance to others for them to pull that off

May 27, 2012, 8:41pm Permalink

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