Livingston County Sheriff Thomas J. Dougherty reports the arrest of an Avon NY resident on felony Driving While Intoxicated and felony Aggravated Unlicensed Operation charges after a traffic stop.
On January 5, 2020 at approximately 1:50 am, Deputy Michael Phillips was assigned to the Sheriff’s Office STOP DWI Unit when he stopped a vehicle on Richmond Mills Road for a violation of the NYS Vehicle and Traffic Law.
The operator of the vehicle was identified as 25 year old Tyler M. Day. The Deputy Sheriff suspected that Day was operating the vehicle under the influence of alcohol and conducted a roadside DWI investigation which included the performance of standardized field sobriety
At the conclusion of the roadside investigation, Day was taken into custody for DWI. A records check revealed that Day was driving the vehicle with his license revoked for a DWI related conviction and that he had two previous DWI convictions on February 26, 2016 and
January 20, 2018. Day was also required to have an ignition interlock in his vehicle, which he did not.
Day was transported to the Sheriff’s Office Headquarters in Geneseo, where he refused to submit to a breathalyzer to test his blood alcohol content (BAC). Day was arrested and charged with felony Driving While Intoxicated, felony Aggravated Unlicensed Operation of a Motor Vehicle in the 1st Degree, and Operating a Motor Vehicle without an Ignition Interlock Device.
Day was then turned over to Central Booking Deputies at the Livingston County Jail for processing and pre-arraignment detention because this was a qualifying offense under the new bail reform laws for arraignment as a local court can impose driving restrictions on a
felony DWI charge or a DWI arrest where the operator refuses to submit to a breathalyzer test.
Day was later arraigned at the Livingston County Centralized Arraignment Part (LC-CAP) at the Livingston County Jail before Town of York Justice Thomas Porter. The Judge released Day on his own recognizance per New York State’s new bail reform law.
Deputy Michael Donals assisted with the investigation.
“Now that the new bail reform law is in full effect as of January 1st 2020, a felony DWI offense, such as the one above with the subject having a past conviction within the last ten year, allegedly having a revoked license due to the past DWI, refusing to take a breathalyzer to test his BAC and operating his vehicle without the court mandated interlock device for his vehicle to ensure his sobriety behind the wheel, is now not allowable for a Judge to set bail,” stated Sheriff Dougherty. “Instead their license status is reviewed by the arraigning Judge and then the subject is released to hopefully appear at their next set court date.