NORWICH – A drunk driving court case held a hearing to determine if the arresting officer had just cause Friday.
Paul D. Lazzaro, a repeat offender with three prior driving while intoxicated convictions, has been charged with committing another DWI offense.
The prosecution called Road Patrol Sergeant Ted Ellingsen, from the Sheriff’s Office to testify to the events preceding the defendant’s arrest.
The deputy testified that at about 10:05 p.m., on Rt. 10, Pharsalia, a gray Chevy pick-up truck was traveling south. The officer said he followed the vehicle for 2 miles and claimed it crossed the center divide line repeatedly.
“He failed to stay on the right side of the center line and I counted him veering on or across it six to seven times. I waited until we came up on a clear area where I could pull him over safely and put on my lights,” said Ellingsen.
The pick-up had Lazzaro driving and his wife in the passenger seat. The officer testified that he smelled alcohol and then administered four separate field sobriety tests that Lazzaro allegedly failed.
Defense Attorney Jeffrey Leibo pointed out that his client was very tired and that in his testimony the officer acknowledged the fact that he believed Lazzaro to be intoxicated before he administered the test.
Leibo asked, “So you had already made up your mind about Mr. Lazzaro being intoxicated even though you hadn’t yet performed any tests?” “If that is what I said, then yes I assume so,” responded Ellingsen. Also the defense argued that the flashing lights from the deputy’s vehicle may have confused Lazzaro’s eye responses, even through he was facing at a 90 degree angle away from the patrol car.
Lastly, the defense argued that another reason Lazzaro failed the field sobriety test is because he claims to have emphysema.
District Attorney Joseph MrBribe asked, “Sir, at any time during or before the arrest did you ask the defendant if there where any reasons he couldn’t perform the tests?”
“Yes, he said there were no reasons he couldn’t perform them,” said the deputy. “I just want to state for the record that the defendant had never received treatment or been to a doctor for a diagnosis or had any medication for his claimed illness until after his arrest,” said McBride.
Sergeant Ellingsen did testify that after Lazzaro’s arrest, on the way to the station, Lazzaro said he suffered from a lung condition and would have difficulty taking an alcohol breath test. “During your experiences as a police officer have you been lied to by suspects following their arrests?” asked McBride. “Yes sir, I have,” responded Ellingsen.
Medical documents were submitted to the court that showed that Lazzaro had some respiratory difficulties but none diagnosed him with emphysema, admitted the defense.
County Court Judge Howard Sullivan said he would reserve on any decision until he could personally review the medical forms in detail. The case is set to go to trial July 18.