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Sheriff Thomas J. Dougherty reports the arrest of an Ossian resident on felony DWI and AUO charges following an investigation into a motor vehicle crash involving a motorcycle.
On August 21st, 2021 at approximately 6:30pm, Sheriff’s Deputies and emergency personnel responded to Ossian Hill Road, in the Town of Ossian, for the report of a motor vehicle crash involving one motorcycle.
The on-scene investigation revealed that Justin R. Hubbard, age 32 from Ossian NY, was operating a motorcycle northbound on Ossian Hill Road when he lost control of the bike, causing him to leave the roadway and strike an earth embankment. The investigating Deputy Sheriff suspected that Hubbard was under the influence of alcohol and responded to Noyes Memorial Hospital in Dansville to conduct a DWI investigation. Hubbard did submit a blood sample to test for BAC (blood alcohol content). The blood sample was sent to a forensic lab for testing.
Hubbard was transported by ambulance with minor injuries resulting from the crash. There were no other injuries as a result. The lab results revealed that Hubbard’s BAC was .17%.
A records check revealed that Hubbard did have a previous conviction for DWI within the past ten (10) years. It was also revealed that Hubbard’s driving privileges in NYS had been revoked due to a previous DWI related offense.
On October 2, 2021 Deputy Michael Telesca arrested Hubbard and charged him with felony Driving While Intoxicated and felony Aggravated Unlicensed Operation in the First Degree, in addition to violations of the NYS Vehicle and Traffic Law.
Hubbard was turned over to Central Booking Deputies at the Livingston County Jail for processing and pre-arraignment detention as the offenses did qualify for arraignment under the NYS Justice Reform Act, however, the Judge cannot set bail.
Hubbard was later arraigned at the Livingston County Centralized Arraignment Part (LC-CAP) at the Livingston County Jail before Town of Mount Morris Justice David Provo. The Judge did release Hubbard on his own recognizance, per the law, with a return court date in Ossian Town Court and Deputies did set him free.
The Livingston County Public Defender’s Office was present and represented Hubbard at the court arraignment for his defense. The Livingston County District Attorney’s Office was notified but did not appear to represent the people
Assisting with the investigation on scene for the Sheriff’s Office was Deputy Michael Donals of the Forensic Identification Unit (FIU).