Jury Convicts Drunk Motorcyclist of Felony After 390 Refusal

LIVINGSTON COUNTY – A Livingston County jury found a motorcyclist guilty of felony DWI in a case where he refused to take any tests by law enforcement.

According to a press release from District Attorney Greg McCaffrey, Joseph Benson was convicted of one count of felony Driving While Intoxicated.

“This verdict is the result of a tenacious prosecution by Assistant District Attorney Justin Hill and he should be credited for his thorough and diligent prosecution,” said McCaffrey. “This verdict supports our office policy of zero tolerance and no plea offers for those who refuse to submit to chemical tests in drinking and driving cases. There is a common misconception that by refusing a breath test that the people cannot prove their case. This verdict disproves that theory.”

The incident was on Sept. 17, 2017 when the defendant was pulled over on 390 in the Town of Avon and took roadside field sobriety tests but refused to submit to a chemical test. New York State Trooper Adam McFadden investigated.

The press release said that in addressing the jury, Assistant District Attorney Justin Hill, the prosecutor at trial, said that this case is about choices, where ‘the defendant made the choice to consume alcohol to the point of intoxication before driving close to 90 miles per hour on Interstate 390 in the Town of Avon on a motorcycle. These choices put the lives of every person on the road that night in danger, including Trooper McFadden.’