Repeat DWI offender pleads guilty to hit and run
NORWICH – A Pharsalia man pleaded guilty to his third drunk driving charge in two years Friday after he fled the scene of an accident while driving drunk on a revoked license.
First Assistant District Attorney Stephen Dunshee told the Chenango County court that 43-year-old Joseph Theut’s license was already under suspension for a previous driving while intoxicated charge when he was arrested by police for his most recent crime in December.
Theut pleaded guilty to misdemeanor DWI on Jan. 20, 2009 in Town of Columbus Court and Dunshee said that at the time of Theut’s arrest, his blood alcohol level was more than double New York’s .08 legal limit.
He was sentenced to 60 days in the Chenango County Correctional Facility and given three years probation.
While still on probation, Theut was arrested Feb. 9, 2009, in the Town of Norwich and charged with aggravated DWI, a felony, with police again claiming his blood alcohol level was more than double the legal limit.
Theut pleaded guilty to DWI, an E class felony, in Chenango County Court Sept. 30, 2009 and was sentenced to five days in jail and five years probation. He was also accepted in Treatment Court, an intense year-long program consisting of regular drug testing, counseling and court appearances. Theut graduated from the program a year later, but was again arrested for aggravated DWI Dec. 5, after he fled the scene of an accident in the Town of Norwich.
Judge W. Howard Sullivan sentenced Theut to 1 to 3 years in state prison for violating his probation and drunk driving. The judge approved Theut’s immediate release at the objection of prosecutors so he could attend a step-parent’s funeral over the weekend. He is scheduled to appear back in court today to receive his official sentencing and begin his prison term.
Dunshee said Theut was involved in a car accident in the Town of Norwich on Dec. 5 in which he struck another car making a left turn and then fled the scene.
Dunshee said a short time later New York State Troopers discovered Theut driving down State Highway 23 in the Town of Plymouth on a blown-out tire.
“This defendant has lived in several states, this defendant has several DWI convictions, some in other states. This defendant has done multiple years in prison and his last DWI had him driving down the highway on the rims of his car causing sparks to scatter across the roadway,” said Dunshee in objection to the judge granting Theut a two-day furlough.
Theut’s Public Defender Alan Gordon acknowledged his client had a serious problem with alcohol, but contested the circumstances of the Norwich collision, saying the other driver was at fault.
“The circumstances of the accident show the other driver made a left turn into Mr. Theut’s right of way,” said Gordon.
“If the defendant wasn’t intoxicated, he may have avoided the accident,” responded Dunshee.
Dunshee asked the judge to award the victims in the case more than $7,000 in damages.
Gordon argued the amount was more than criminal law allowed and told Sullivan the victims had the right to seek compensation through civil lawsuits instead.
Sullivan said the restitution claims appeared excessive and ordered Theut to pay $2,000 in restitution.
Sullivan warned Theut Friday that if any legal issues arose during his release, the plea deal would be tossed out and he would face up to seven years in prison.
First Assistant District Attorney Stephen Dunshee told the Chenango County court that 43-year-old Joseph Theut’s license was already under suspension for a previous driving while intoxicated charge when he was arrested by police for his most recent crime in December.
Theut pleaded guilty to misdemeanor DWI on Jan. 20, 2009 in Town of Columbus Court and Dunshee said that at the time of Theut’s arrest, his blood alcohol level was more than double New York’s .08 legal limit.
He was sentenced to 60 days in the Chenango County Correctional Facility and given three years probation.
While still on probation, Theut was arrested Feb. 9, 2009, in the Town of Norwich and charged with aggravated DWI, a felony, with police again claiming his blood alcohol level was more than double the legal limit.
Theut pleaded guilty to DWI, an E class felony, in Chenango County Court Sept. 30, 2009 and was sentenced to five days in jail and five years probation. He was also accepted in Treatment Court, an intense year-long program consisting of regular drug testing, counseling and court appearances. Theut graduated from the program a year later, but was again arrested for aggravated DWI Dec. 5, after he fled the scene of an accident in the Town of Norwich.
Judge W. Howard Sullivan sentenced Theut to 1 to 3 years in state prison for violating his probation and drunk driving. The judge approved Theut’s immediate release at the objection of prosecutors so he could attend a step-parent’s funeral over the weekend. He is scheduled to appear back in court today to receive his official sentencing and begin his prison term.
Dunshee said Theut was involved in a car accident in the Town of Norwich on Dec. 5 in which he struck another car making a left turn and then fled the scene.
Dunshee said a short time later New York State Troopers discovered Theut driving down State Highway 23 in the Town of Plymouth on a blown-out tire.
“This defendant has lived in several states, this defendant has several DWI convictions, some in other states. This defendant has done multiple years in prison and his last DWI had him driving down the highway on the rims of his car causing sparks to scatter across the roadway,” said Dunshee in objection to the judge granting Theut a two-day furlough.
Theut’s Public Defender Alan Gordon acknowledged his client had a serious problem with alcohol, but contested the circumstances of the Norwich collision, saying the other driver was at fault.
“The circumstances of the accident show the other driver made a left turn into Mr. Theut’s right of way,” said Gordon.
“If the defendant wasn’t intoxicated, he may have avoided the accident,” responded Dunshee.
Dunshee asked the judge to award the victims in the case more than $7,000 in damages.
Gordon argued the amount was more than criminal law allowed and told Sullivan the victims had the right to seek compensation through civil lawsuits instead.
Sullivan said the restitution claims appeared excessive and ordered Theut to pay $2,000 in restitution.
Sullivan warned Theut Friday that if any legal issues arose during his release, the plea deal would be tossed out and he would face up to seven years in prison.
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