DWI Conviction in Walton

DELHI, NY – Timothy S. Bennett, 45, of Walton, NY appeared in the Walton Town Court on April 26, 2023, and pleaded guilty to Aggravated Driving While Intoxicated by alcohol, an Unclassified Misdemeanor, and Aggravated Unlicensed Operation of a Vehicle, an Unclassified Misdemeanor.   

On January 7, 2023, the defendant crashed his car on State Highway 10, in the Town of Walton.  Delaware County Sheriff’s Deputy Lucas Elmore arrived on scene and interviewed the defendant.  The defendant admitted he was driving the vehicle when he went around a corner and his tire blew out, causing his car to overturn.  Upon interviewing the defendant, Deputy Elmore detected the odor of an alcoholic beverage, and also observed that the defendant had glassy and bloodshot eyes.  A subsequent police investigation revealed that the defendant was intoxicated by alcohol and had a blood alcohol content of .18 - over two times the legal limit. The defendant also had a suspended driver’s license. 

On April 26, 2023, the defendant appeared in the Walton Town Court, and pleaded guilty to Aggravated Driving While Intoxicated, an Unclassified Misdemeanor, and Aggravated Unlicensed Operation of a vehicle, an Unclassified Misdemeanor.  Honorable Michael Ripa, Justice of the Walton Town Court, sentenced the defendant to a 3-year term of probation supervision.  The terms and conditions of probation require the defendant to, among other things, enroll in and successfully complete the impaired driver program and a victim impact panel.  The defendant was also mandated to undergo a drug and alcohol evaluation, and to comply with any treatment recommendations.  Probation will require the defendant to install an ignition interlock device in any vehicle the defendant owns or operates, for the 3-year probationary period. The defendant’s driver’s license was revoked for a minimum of 1 year, and he was ordered to pay a $1,200.00 fine and a $493.00 state surcharge. 

Acting District Attorney Shawn Smith commended Deputy Lucas Elmore of the Delaware County Sheriff’s Department for his thorough investigation of this case, which permitted us to secure guilty pleas without the need for a trial.  Smith stated, “This defendant was driving with a BAC over 2 times the legal limit when he crashed his car. Driving while intoxicated puts everyone at risk.”