NORWICH – Two individuals were sentenced on driving while intoxicated charges when the Chenango County Court convened for an afternoon session on Monday, Aug. 8.
First Assistant District Attorney Michael D. Ferrarese represented the people of Chenango County in both cases, while The Honorable Judge Frank B. Revoir Jr. presided over matters.
• Jeremy W. Wakefield, 31, of Oxford, previously entered pleas of guilty to the charges of aggravated driving while intoxicated, a class D felony; and driving while intoxicated, a class D felony; when he appeared in County Court on March 7, 2016.
It was alleged that Wakefield operated a vehicle at approximately 8:08 p.m., on Sept. 22, 2015, on Adelaide Street in the City of Norwich, while he had .21 of one percentum of alcohol in his bloodstream, as shown by a chemical analysis of his breath. Additionally, it was alleged that he swayed as he walked, had bloodshot and watery eyes, slurred speech, and that his breath smelled of alcoholic beverage.
After his initial court appearance, Wakefield was placed on interim probation, where his performance was monitored. The court heard on Monday that Wakefield performed exceptionally well while on interim probation.
Ferrarese described why Wakefield was given the opportunity for interim probation.
“Judge, Mr. Wakefield was given an opportunity to complete interim probation based on his occupation,” he said. “If he performed well, it would alleviate any incarceration. As a result of his compliance with each and every term (of his interim probation), the people do not oppose no incarceration time for this defendant.”
Ferrarese then spoke to Wakefield directly, saying, “Mr. Wakefield, you know your own record. You must hold yourself accountable. I don't expect to see you in court again.”
Thomas Jackson, who represented Wakefield, requested that the defendant be allowed to vacate his plea of guilty to the second count of driving while intoxicated, to which Ferrarese had no objection.
When given an opportunity to speak on his own behalf, Wakefield said, “I would just like to state that I've tried everything that I can do to make this right for the people.”
Judge Revoir vacated Wakefield's plea of guilty to the driving while intoxicated charge, and sentenced him to serve five years of probation, with credit for time served on interim probation. Along with his sentence, Wakefield will additionally have to pay $1,570 in fines, fess and surcharges, which he was given 18 months to pay in full. Wakefield will also have his driving license revoked for one year, and will be subject to the ignition interlock program, for which he will be assessed 75 percent of the cost.
Wakefield signed a written waiver of appeal at the conclusion of proceedings.
• Gary T. Lapishka, 24, of Troy, appeared in court on charges of aggravated unlicensed operation of a motor vehicle in the first degree, a class E felony; operating a motor vehicle while he had .08 of one percentum or more by weight of alcohol in his blood, a class A misdemeanor; and driving while intoxicated, a class A misdemeanor.
It was alleged that Lapishka unlawfully operated a 1997 Dodge Pickup on Aug. 8, 2015, on State Highway 8 in the Town of Columbus, at approximately 7:14 p.m., while under the influence of alcohol and while knowing or having reason to know that his drivers license was revoked or suspended. It was further alleged that he had more than .08 of one percentum by weight of alcohol in his blood as shown by a chemical analysis of his blood while he was operating the vehicle, and that he swayed as he walked, had bloodshot and watery eyes, slurred speech, and that his breath smelled of alcoholic beverage.
In an agreed upon disposition with the District Attorney's Office, Lapishka agreed to enter a plea of guilty to the top count of aggravated unlicensed operation of a motor vehicle in the first degree, a class E felony, and operating a motor vehicle while he had .08 of one percentum or more by weight of alcohol in his blood, a class A misdemeanor.
After he was sworn in, Lapishka was read the top count of his indictment, to which he pled guilty.
Judge Revoir then entered some further colloquy with Lapishka about the alleged incident. Revoir asked the defendant if he did, in fact, operate that Dodge pickup on a public highway, to which Lapishka replied yes. Revoir then asked if Lapishka knew that his license was suspended by the Department of Motor Vehicles on that date, to which he also replied yes.
When asked why his license was revoked, Lapishka said that it was due to unpaid tickets that he had previously received. Revoir then read count three of the indictment, to which Lapishka also plead guilty.
After Revoir was satisfied with the defendant’s admissions of guilt on both counts, Ferrarese was provided with the first opportunity to speak. He said, “Standing before the court is someone who is still in their early 20s. He has a history of making poor decisions. Hopefully the terms of his probation will assist him in making better decisions in the future.”
Ferrarese went on to portray the immense dangers that an impaired driver causes to the public.
“Every time you get on the road impaired, you pose a great danger to the public,” he said. “This is the punishment.”
Judge Revoir agreed with Ferrarese's comments and sentenced Lapishka to a split sentence of two months incarceration at the Chenango County Correctional Facility, followed by three years of probation. Along with this sentence, Lapishka will also have to pay fines accumulating to $895 in total, for which he will have one year to pay in full. Lapishka's driving privileges were revoked for a period of six months, and he will also be subject to the ignition interlock system, for which he will be assessed 75 percent of the cost.
Lapishka also signed a written waiver of appeal at the conclusion of proceedings.