Elmira City Councilman Charged With DWI

[TTL News 308]

According to a report by WETM news, City of Elmira Councilman Nick Grasso was charged with Driving while Intoxicated following a crash that occurred at the corner of West Water and Walnut Streets on March 16th around 1:35 am. 

No one was injured in the crash, however damage was done to a fence outside a local funeral home. 

On his official Facebook page, Grasso wrote the following:

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On the evening of March 16th, after a successful Town Hall Meeting with the Mayor and the people of Elmira, I suffered a vehicular accident on the way home that resulted in private property damage. Thankfully I was not injured during the event, and I am even more grateful that no one else was injured.

The police who responded to the accident treated everyone involved with the utmost respect and dignity anyone could ask for. While there is currently a pending investigation, I cannot comment more at this time. What I can share is that road conditions, mechanical failure, and other unforeseen circumstances have not been ruled out. I was and will remain, fully cooperative with law enforcement and intend to continue to cooperate with all parties involved to make sure that the property that was damaged is fully restored.

However, in an effort of full transparency to my constituents of the 1st district and the people of Elmira, I felt it best to release a statement before the incident could be misconstrued.

Again, I am grateful that no one, including myself, was injured and if I’ve learned anything from this, it’s that I should be more careful when driving.

Thank You and God Bless,

Nick Grasso

 

The town hall meeting mentioned took place at WMC North, located on West Water Street in downtown Elmira, from 6-7pm on the evening of March 15th. 

[Rod 18]

must have been some meeting sorry I missed it

[Zapp Brannigan 137]

Town hall meeting at a bar?

[Chris 2,162]

I think in a case like this one’s best move is to apologize and take responsibility for the mistake. Anything else is obfuscation.

[Jack 67]

The last coucilman this occured with resigned less than a week after. 

[MsKreed 1,182]

11 hours ago, Jack said:

The last coucilman this occured with resigned less than a week after. 

I don't remember hearing about a councilman being charged with DWI in recent years...,...seems like it's usually judges. 

And the one the EPD officer who knew the best tactic was to flee the scene and then came back the next day and 'fessed up to leaving the scene, the property damage and all the traffic infractions and after the window for a breathalyzer was gone.

[Jack 67]

23 minutes ago, MsKreed said:

I don't remember hearing about a councilman being charged with DWI in recent years...,...seems like it's usually judges. 

And the one the EPD officer who knew the best tactic was to flee the scene and then came back the next day and 'fessed up to leaving the scene, the property damage and all the traffic infractions and after the window for a breathalyzer was gone.

https://www.mytwintiers.com/news-cat/local-news/former-elmira-city-councilman-mark-hitchcock-arraigned-on-dwi-charge/amp/

[MsKreed 1,182]

17 minutes ago, Jack said:

https://www.mytwintiers.com/news-cat/local-news/former-elmira-city-councilman-mark-hitchcock-arraigned-on-dwi-charge/amp/

Thanks. 

Dang! Those meeting must be something else if drinking is a regular part of them!

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Hitchcock was arrested for DWI on the evening of Feb. 8, when he was likely on his way to a city council meeting which ended up being canceled.

 

Braeden Roberts was the case that was coming to my mind.  Never charged with DWI since he ran and waited for any 'evidence' to leave his system.

[MsKreed 1,182]

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First District City Councilman Nick Grasso was scheduled to be in court, but it was rescheduled.

Grasso was charged with Driving While Intoxicated and Moving From Lane Unsafely, after an accident around 1:30AM on March 16th on West Water Street in Elmira. According to the Elmira city court clerk, Grasso allegedly refused a breathalyzer test. He later appeared in court on March 30th, and has pleaded not guilty. 

His next court appearance is scheduled for June 13th at 9:30 A.M. 

 

Source: WENY

[TTL News 308]

Grasso pleaded guilty to Driving While Ability Impaired, which is an infraction.

Ad a result, his license will be suspended for 90 days. He was also sentenced to one year of conditional discharge. Grasso will also have to pay a $400 fine, a $255 surcharge, and then be required to attend a Victim’s Impact Panel.

[LocalSportsGuy 43]

It's insane to me that only losing your license for 90 days with only $655 dollars seems like such a small inconvenience at best. The worst part is the dude is running for re-election and could still win. It's insane that he's getting off so easy and more people should be furious about this.  

[Ann 264]

8 hours ago, LocalSportsGuy said:

It's insane to me that only losing your license for 90 days with only $655 dollars seems like such a small inconvenience at best. The worst part is the dude is running for re-election and could still win. It's insane that he's getting off so easy and more people should be furious about this.  

It’s not unusual, if it’s your first DWI, to have the charge reduced to DWAI.   Fine, NYS mandatory surcharge, license revoked 90 days, attend VIP, CD all part of the sentence according to the State.  Judges have discretion with the fine, setting it between the minimum and maximum amounts per NYS.  The DA’s Office recommends any reductions of charges not the Court.

[Chris 2,162]

Quite a difference from:

On 3/21/2023 at 9:28 AM, Elmira Telegram said:

...road conditions, mechanical failure, and other unforeseen circumstances have not been ruled out

To, "Yep, I'm guilty."

[MsKreed 1,182]

 

3 hours ago, Chris said:

Quite a difference from:

To, "Yep, I'm guilty."

I think both can potentially be true when the distinction between the charge (DWI) and the plea (DWAI) is considered. 

It seems like DWAI (infraction) has a much lower BAC threshold....so I believe someone lower than the DWI (criminal) standard of 0.08% can be considered "ability impaired" even if they aren't legally "intoxicated.  And Court/prosecutor's premise is that when an incident occurs (even with other factors like visibility, weather, etc) a driver with no "impairment" at 0.0% BAC could likely have averted the incident.....but for the presence of 1-2 drinks that may be far under the "intoxicated" limit of 0.08% for DWI.

Edited June 15, 2023 by MsKreed

[Ann 264]

5 hours ago, MsKreed said:

 

I think both can potentially be true when the distinction between the charge (DWI) and the plea (DWAI) is considered. 

It seems like DWAI (infraction) has a much lower BAC threshold....so I believe someone lower than the DWI (criminal) standard of 0.08% can be considered "ability impaired" even if they aren't legally "intoxicated.  And Court/prosecutor's premise is that when an incident occurs (even with other factors like visibility, weather, etc) a driver with no "impairment" at 0.0% BAC could likely have averted the incident.....but for the presence of 1-2 drinks that may be far under the "intoxicated" limit of 0.08% for DWI.

The BAC has nothing to do with reducing from DWI to DWAI.  I saw aggravated DWI’s reduced to misdemeanor DWI.  Wheeling and dealing with the DA’s office.   Just like a second DWI arrest shouldn’t have been reduced but sometimes was.   It was often very frustrating.

Edited June 15, 2023 by Ann

[MsKreed 1,182]

I was referring to my understanding of the way the individual statutes read......that BAC is more of a primary factor for DWI than DWAI. Not necessarily the DA and Defense Attorney's deal-making negotiations. 

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Source

 

So, aside from any plea bargaining and charges being reduced.....it's possible for someone with a 0.04 BAC to be not guilty of DWI, but still guilty of DWAI.

[Ann 264]

1 hour ago, MsKreed said:

I was referring to my understanding of the way the individual statutes read......that BAC is more of a primary factor for DWI than DWAI. Not necessarily the DA and Defense Attorney's deal-making negotiations. 

 

So, aside from any plea bargaining and charges being reduced.....it's possible for someone with a 0.04 BAC to be not guilty of DWI, but still guilty of DWAI.

Absolutely true.  If BAC was below 0.08 it would be DWAI.  My frustration, when working, was I’d see those cases be reduced to disorderly conduct despite the statutes saying DWI’s could not be reduced out of that category.  I was very disillusioned with the legal system my last couple of years working and perhaps some of that leaked into my post.  I meant no disrespect.  I always believed Justice was blind but that wasn’t always the case.

[Jack 67]

I remember paying much more than that when I got my DWAI.