 |
Office of the District Attorney P. David Soares Michael Westcott Convicted in Absentia ALBANY , NY – District Attorney P. David Soares announced today that MICHAEL A. WESTCOTT, 35, of 1806 3 rd Avenue , Troy , NY , was convicted of one count of Drivings While Intoxicated as a Felony, after a jury trial before the Honorable Dan Lamont. WESTCOTT was originally scheduled for trial on August 29 th, 2005 . He failed to appear so the trial was adjourned for a rescheduling conference on September 2, 2205 . At that time, his counsel advised the court that he was unaware of WESTCOTT’s whereabouts so Judge Breslin assigned the case to Judge Lamont to proceed. WESTCOTT was arrested at approximately 9:00 PM on Friday, December 17, 2004 in the Eckerds parking after Officers had spotted WESTCOTT’s truck traveling over the Congress Street Bridge with no headlights. WESTCOTT changed lanes without signaling while cutting off another vehicle. The Officers followed the truck into the parking lot on 19 th Street in Watervliet and when they approached the vehicle they noticed a strong odor of alcohol. They asked WESTCOTT to exit the vehicle and perform a series of mental and physical tests as part of a field sobriety check. When WESTCOTT failed all the tests they arrested him and took him to the Watervliet Police Headquarters where they advised him of his Miranda rights and gave 3 DWI rights warnings. In spite of the warnings, WESTCOTT refused to submit to a chemical test to determine the level of alcohol in his system. The case proceeded and the prosecution successfully proved that he was intoxicated to the extent required by law. WESTCOTT faces a term of 1 1/3 rd to 4 years. Sentencing is scheduled for December 9, 2005 . Back to Press Releases For further information contact: Richard Arthur
|
|
