The Genesee County STOP-DWI Coordinator announced today that the Genesee County Sheriff’s Office, the City of Batavia Police Department and the Village of LeRoy Police Department will be participating in a coordinated effort with the STOP-DWI program to bring awareness to the dangers of impaired driving. Law enforcement officers across New York State and STOP-DWI programs will be participating in special engagement efforts to bring awareness to the dangers of impaired driving, prevent injuries and save lives. The statewide STOP-DWI High Visibility Engagement Campaign start on Friday, December 17, 2021 and will end on Saturday, January 1, 2022. Highly visible, highly publicized efforts like the STOP-DWI High Visibility Engagement Campaign aim to further reduce the incidence of drunk and impaired driving. Remember: Impaired driving is completely preventable. All it takes is a little planning. If you are impaired by drugs or alcohol and thinking about driving, pass your keys on to a sober driver. Have a very safe & Happy Holiday season.

Volunteers from fire departments in Pembroke, Indian Falls, East Pembroke, Darien, and Corfu, along with personnel from the Sheriff's Office, Coroner's Office, C.B. Beach Mortuary, Mercy EMS, and Mercy Flight, conducted a DWI drill Friday afternoon for the benefit of seniors from Pembroke High School in advance of tonight's prom.

Previously (ICYMI):

• Elba High School
• Le Roy High School

Le Roy Fire Department, with assistance from Le Roy PD and Le Roy Ambulance, staged a simulated DWI fatal accident to help make seniors at Le Roy High School more aware of the dangers of distracted driving, and drinking and driving.

Genesee County STOP-DWI Coordinator Matt Landers announced today that the Genesee County Sheriff’s Office, City of Batavia Police Department and the Village of Le Roy Police Department will participate in a special enforcement effort to crackdown on impaired driving. The statewide STOP-DWI Labor Day enforcement effort begins today (Aug. 21) and runs through Sept. 7.

As summer winds to a close the Batavia Police Department asks that you celebrate responsibly and have a plan. If you plan on going out make sure to have a designated driver, or leave your vehicle behind. Officers will be on duty looking for intoxicated motorists in an effort to keep our streets and highways safe.

While we spend the Labor Day holiday and the end of summer celebrating with our loved ones, law enforcement officers across New York State will take to the roads in an effort to stop impaired driving, prevent injuries and save lives. New York State Police, County Sheriff and municipal law enforcement agencies across the state will be out in force.

Research shows that high-visibility enforcement can reduce drunk driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem.

Genesee County Undersheriff William Sheron advises: “The Sheriff’s Office has already made 33 more DWI/DWAI arrests this year than we did at this time last year. Clearly the problem is not going away. We are not limited to alcohol impairment.

"With eight Drug Recognition Experts in our ranks, we have the additional ability to detect those drivers who are impaired by both illegal drugs and misused prescription medications. This Labor Day Weekend, our patrols will be focused on removing all impaired drivers from our highways regardless of their drink or drug of choice.”

The STOP-DWI Labor Day Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from our STOP-DWI Foundation and the Governor’s Traffic Safety Committee.

Throughout the remainder of the year the Statewide STOP-DWI Crackdown Campaign will also target Halloween and the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers.

Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving. Have a safe and happy Labor Day Weekend!

Genesee County STOP-DWI Coordinator Matt Landers has announced that Genesee County law enforcement agencies will participate in a special enforcement effort to crackdown on impaired driving from March 13-18 in conjunction with St. Patrick's Day celebrations.

The Sheriff’s Department, City of Batavia Police Department and the Village of Le Roy Police Department are all taking part in the crackdown.

St. Patrick’s Day Weekend is historically a deadly period for impaired driving. New York State Police, County Sheriff and municipal law enforcement agencies across the state will be out in force in this across the board effort to reduce the number of alcohol related injuries and deaths.

Genesee County Undersheriff William Sheron said: “We know the history of impaired driving on and around St. Patrick’s Day. With this in mind, we will have extra patrols on duty to help ensure the safety of our highways during this time.”

The STOP-DWI St. Patrick’s Day Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association and funded by local STOP-DWI programs as well as the STOP-DWI Foundation and the Governor’s Traffic Safety Committee. This partnership has allowed local programs to significantly increase their enforcement and public awareness efforts.

The Statewide STOP-DWI Crackdown Campaign also targets Memorial Day, 4^th of July, Labor Day Weekend, Halloween and the national Holiday Season in December.

You can help to make a difference by Having a Plan! Download our new mobile app – “Have a Plan” and you will always be able to find a safe ride home www.stopdwi.org/mobileapp

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.

Genesee County STOP-DWI Coordinator Matt Landers announced that the Genesee County Sheriff’s Department, City of Batavia Police Department and the Village of Le Roy Police Department will participate in a special enforcement effort to crackdown on impaired driving during the Thanksgiving holiday.

Landers says while we spend Thanksgiving with friends and family giving praise and thanks for our good fortune and blessings, law enforcement officers across New York State will take to the roads in an effort to stop impaired driving, prevent injuries and save lives. The statewide STOP-DWI Crackdown efforts start on Nov. 26 and end on Nov. 30.

New York State Police, county sheriffs and municipal law enforcement agencies across the state will be out in force. Research shows that high-visibility enforcement can reduce drunk-driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem.

Sheriff Gary T. Maha says, “Driving is the most dangerous thing you routinely do and holidays put additional vehicles on our highways increasing the risk. Remember to put aside your phone and all other distractions and concentrate on driving; a task that demands your full attention.”

The STOP-DWI Thanksgiving Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from the Governor’s Traffic Safety Committee and implemented by the STOP-DWI Foundation. Throughout the remainder of the year the statewide STOP-DWI Crackdown Campaign will also target the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol- and drug-related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. It is significant to note that in 2012, 416 motorists died in traffic crashes during the Thanksgiving Holiday weekend, the highest toll of deaths for any holiday weekend period. According to NHTSA data, 60 percent of the passenger vehicle occupants killed were not wearing their seat belts and 42 percent were killed in crashes that involved a drunk driver who had a blood-alcohol content of .08 BAC or higher.

Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving. Have a safe and happy Thanksgiving Weekend!

Genesee County STOP DWI Coordinator Matt Landers today announced the launch of the new, free “Have A Plan” mobile app that encourages people to have a plan to get home safely if they are impaired by alcohol or drugs.

The app is a valuable tool in helping reduce accidents and injuries caused by impaired drivers.

It operates on iPhone, Android and Windows platforms, and targets the 18-34 age range with features such as an ability to preload a list of designated drivers, find a taxi cab via GPS, an alcohol impairment estimator, various motor skills tests to assess impairment level and a "Report DWI" button that connects users to their local 9-1-1 service.

The app also offers a list of DWI facts and myths, access to STOP-DWI social media sites such as Twitter, Facebook and YouTube, as well as a RSS feed to get the latest news on impaired driving.

“The ‘Have A Plan’ app will be important in the effort to prevent impaired driving," Landers said. "We want people to enjoy themselves, but we also want them to get home safely. This app helps its users do that by placing a tool in the hands of a potentially impaired driver to find a safe way home.” 

Developed by STOP-DWI New York and Staples Marketing under a grant from the New York State Governor’s Traffic Safety Committee, “Have A Plan” is one of the most comprehensive traffic safety mobile apps in the country. Users can download the “Have A Plan” app by visiting www.stopdwi.org/mobile app and selecting the link for the Apple Store, Google Play, or the Windows Phone Store.

“I urge drivers to make advance plans to get a sober ride home from a friend, family or by taxi. The new “Have A Plan’ app can help guide individuals to make the right choice to get home safely. Don’t put yourself or others in harm’s way by driving while impaired,” said Coordinator Landers.

STOP-DWI, which stands for ‘Special Traffic Operations Program for Driving While Intoxicated, was created by the State Legislature in 1981 to empower county governments to coordinate local efforts to reduce alcohol and other drug-related traffic crashes within the context of a comprehensive and financially self-sustaining alcohol and highway safety program.

You can follow the Genesee County STOP-DWI program on Facebook and receive more information on the mobile app along with other useful information.

Genesee County has been selected, along with Erie and Westchester, as one of three counties statewide to test the program, according to Assistant County Manager Frank Ciaccia.

The Ways and Means Committee voted Wednesday to approve acceptance of a state grant of $21,755 to fund the operation of six enhanced roadblocks.

Unlike most grants, where the state sets the amount of money it will make available, local officials were able to determine a budget for the program and tell the state how much it needed.

The enhanced checkpoints will be multi-agency efforts, involving the Sheriff's Office, State Police, Batavia Police Department and the Le Roy Police Department.

At each of the six checkpoints, the lead agency will set up and run the roadblock while patrols from other participating agencies will prowl the streets around the checkpoint looking for drivers who are seemingly trying to avoid getting stopped.

Ciaccia said drivers have learned to look ahead for checkpoints, see the lights, and make a turn to avoid them, but there are also apps available now that people can download to their smartphones that will give them advance warning of checkpoints.

For Android phones, there are at least a half-dozen such apps available and Google has reportedly refused to block their distribution.

In June, Apple announced it would ban such apps for the iPhone, but an app called DUI Dodger is currently available for $2.99 in Apple's App Store.

Legislator Ray Cianfrini, an attorney, expressed concern that the enhanced checkpoint program may run into legal issues because, for example, not everybody making a left-hand turn is doing so to avoid a checkpoint.

"Anybody who doesn't go through a roadblock is now suspicious?" Cianfrini said. "Innocent people who have nothing to hide are going to get dragged into the whole thing and I'm not comfortable with the concept."

No dates were announced for the checkpoints.

The Sheriff's Office will act as lead agency on four checkpoints, and Batavia and Le Roy will each conduct one.

Deputy Westcott was asked questions by the District Attorney Lawrence Friedman regarding the condition of Wendt at the time of the arrest. When asked if Wendt showed any indications of injury at the time of the accident, he replied with "no."

Wescott stated he was not aware of Wendt's purported forearm injury until after the arrest. When asked about whether he was aware of a pre-existing knee injury, saw any signs of allergies or knew of any allergies that Wendt had, Deputy Westcott responded with "no."

Friedman then asked Deputy Westcott if he had any doubts in his mind about the accuracy of the details in the arrest report and again the response was "no."

It was stated in the report that the last drink that Wendt consumed was at 10:50 p.m. and the accident occured at 11:08 p.m.

Westcott added testimony that when he asked Wendt, after he was under arrest, to submit to a chemical test, Wendt replied with "I don't know" and later consented after he was informed of the consequences if he did not.

Deputy Westcott also testified that, in his opinion, the flashing lights from the emergency vehicles would not have had any effect on Wendt's eyes while performing field sobriety tests, since the officer was facing the lights, not Wendt.

Frieday was called to the stand next. He supervises the midnight shift for the Genesee County Sheriff's Department and is the department's breath analyst advisor. He maintains the records of DataMaster breath tests, including the one given to Wendt the night of the accident.

Frieday testified that the DataMaster is sent to Albany once a year to be re-calibrated and tested to maintain its accuracy. Plus, every six months tests are performed on the machine over a phone line. He added that the supervisor also gives weekly simulated tests.

Assistant District Attorney Kevin Finnell then asked him how a BAC is reported on the DataMaster. Frieday said it is recorded in the machine up to three decimal places, but is only displayed on the machine in two. Thus, if a BAC was recorded in the DataMaster at 0.099 it would only be seen on the display and recorded as a 0.09 BAC.

Finnell then provided Frieday with documentation showing that the machine was calibrated accurately and Frieday testified that it was and that the DataMaster also operated properly the night of the crash.

During cross-examination, Defense Attorney Thomas Burns questioned Frieday about the accuracy of the results. Frieday stated that the DataMaster takes breath samples and uses mathematic equations to calculate the BAC, since actual blood samples are not tested.

Burns argued that the equation, which is based on the average person, is not the same for each person, therefore it could not be 100-percent accurate. Frieday subsequently testified that the fixed ratio is higher than the average person, therefore the BAC reading would actually tend to show lower than it really was.

Frieday said that the time that it takes to absorb alcohol into the blood stream depends on different variables including the amount of food in a person's stomach and how much they have eaten.

He testified that after 15 minutes it "would not be absorbed into the blood stream fully."

When asked by Burns if it could take upwards of two to three hours to fully absorb alcohol in the body, Frieday stated that it was possible and would be on the upward side of the absorption.

When asked if it could still be absorbing into the blood stream even after four hours, Frieday responded by saying "I have heard that number, I recall that number, yes."

The judge then dismissed the case until 2 p.m.

Gengo is a clinical pharmacologist at the DENT Neurological Institute and currently serves as an associate professor of Pharmacy and Neurology and a clinical assistant professor of Neurosurgery at the SUNYAB School of Medicine. He now practices neuropharmacology research and pharmacotherapy.

During his initial testimony, Burns asked Gengo to relay to his expertise concerning alcohol in the body, as well as his knowledge of the breathylizer he was experienced in using.

Gengo testified to analyzing breathylizer results and making use of the data for many years. He also informed the court that he took what he believed to be was the same training that police officers take to become certified in giving a breathlyizer test.

Since Gengo is not a government or law enforcement official, he could not take the exact training that police officers do. However, he did say that the training was administered by a former police officer and the curriculum and manuals were the same.

A debate between the prosecution and the defense arose when Burns questioned Gengo about his knowledge of a variance in the results of the DataMaster test, which gauges blood-alcohol level or BAC.

Gengo said he had no designated training specifically in the DataMaster, but based on his reasearch and scientific knowledge, he maintained that scientists generally accept a variance in the DataMaster, and that the mechanism is not 100-percent accurate.

Finnell argued that this testimony should not be used because Gengo has not had any training in that specific device. But Judge Robert Noonan allowed the testimony, saying  the witness was more than capable of having that knowledge based on his scientific background and general understanding of science.

NOTE: Juror #1 was excused due to illness and it was determined that he/she would not be available within the next few days. Substitute Juror #1 replaced Juror #1.