LIVINGSTON COUNTY — District Attorney Greg McCaffrey announced another conviction Wednesday after Wayne Englert was found guilty of Escape in the Third Degree, Driving While Ability Impaired, and two minor traffic infractions. The defendant was acquitted of the charge of Driving While Intoxicated.
On August 5, 2011, Wayne Englert, 51, was pulled over by Dansville Police Officer Larry Burley for failing to signal his intention to turn onto Dock Street from Ossian Street, and for loud exhaust. The defendant exhibited several signs of possible intoxication and after failing a series of roadside field sobriety tests, was placed under arrest.
While at the Dansville Police Department Englert fled from police custody and was apprehended at a later time. A chemical test was never secured due to defendant’s flight from police.
“In 40 years of trying cases I haven’t come across a case like this,” said Assistant District Attorney Ron Cicoria. “He clearly should have stayed and taken the test, instead he choose to escape.”
According to Cicoria, Englert blew a .10 in the field sobriety test, which is in admissible in court. Because the defendant fled and was at large for a few days they never had the chemical test but can use common sense laws.
Judge Cohen immediately remanded the defendant to the Livingston County Jail without bail upon the verdict and the defendant is scheduled to return for sentencing at a later date. The defendant was represented by Rochester attorney David Morabito.
Englert is facing a possible sentence of up to a year and a half in jail.