NORWICH – A man was charged with drunk driving after striking another car and leaving the scene of an accident earlier this month – his third DWI charge in two years.
Prosecutors strenuously objected to Joseph Theut’s release earlier this week, saying he was currently serving two different probations for previous DWI convictions and was a danger to the community.
“Mr. Theut was on probation for a felony DWI offense at the time he committed this latest act, your honor,” said First Assistant District Attorney Stephen Dunshee. “In this latest charge, the people alleged he left the scene of an accident, after striking another person’s vehicle in the Town of Norwich and was pulled over by state police in the Plymouth area, driving with just his rims sparking down the roadway.”
Public Defender Alan Gordon challenged the ADA’s statement, saying they weren’t the facts of the case. “I don’t want to get into matters of proof right now, that’s not the purpose of this proceeding and obviously there are other versions to the incident,” he said.
Theut pleaded guilty to misdemeanor DWI on Jan. 20, 2009 in Town of Columbus Court and Dunshee said at the time, Theut’s blood alcohol percentage was more than double New York’s .08 limit.
He was sentenced to 60 days in the Chenango County Correctional Facility and given three years probation.