– Sheriff Thomas J. Dougherty reports the arrest of an Erie County resident on felony Driving While Ability Impaired by Drugs and felony Aggravated Unlicensed Operation charges after an investigation.
On November 16, 2020 at approximately 7:45 am Deputy Bill Cartwright was on patrol on Mt. Morris Nunda Road (State Route 408) when he observed a vehicle parked roadside with a male slumped over the steering wheel. The Deputy Sheriff stopped to check on the operator and was eventually able to get him to wake up.
The operator of the vehicle was identified as Patrick T. Fuhr, age 61 from Kenmore NY. The Deputy Sheriff suspected that Fuhr was under the influence of drugs and conducted a DWAI investigation which included the performance of standardized field sobriety tests. At the conclusion of the roadside investigation, Fuhr was taken into custody for DWAI Drugs.
A records check revealed that Fuhr’s driver’s license had been suspended or revoked a total of thirteen (13) times and that he had a previous conviction for a DWAI related offense on December 17, 2019. Fuhr was also found to be in possession of numerous items of drug paraphernalia along with suspected meth and crack cocaine.
Fuhr was then transported to the Sheriff’s Office sub-station in Lakeville where Deputy Michael Phillips, who is a Certified Drug Recognition Expert (DRE), conducted an evaluation. It was the Deputy’s expert opinion that Fuhr was under the influence of a narcotic analgesic and could not operate a vehicle in a safe manner. A urine sample was collected as part of the evaluation and will be sent to a forensic lab for testing.
Fuhr was arrested and charged with felony Driving While Ability Impaired by Drugs and felony Aggravated Unlicensed Operation of a Motor Vehicle in the 1st Degree. The DWAI and AUO charges were felonies due to the previous conviction and license suspensions.
The suspected drugs will be sent to a forensic lab for testing with further charges pending the results.
Fuhr was turned over to Central Booking Deputies at the Livingston County Jail for processing and pre-arraignment detention as the offenses did qualify for pre-arraignment detention under the NYS
Justice Reform Act as local Justices can’t release a defendant who has two or more past felony convictions on a new felony charge(s). The District Attorney’s Office was contacted in regards to bail due to the felony level charges. It was advised that Fuhr should be held without the chance of bail as he has multiple prior felony level convictions.
Fuhr was later arraigned at the Livingston County Centralized Arraignment Part (LC-CAP) at the Livingston County Jail before Town of Caledonia Justice Mackay. The Judge did remand Fuhr to the custody of the Sheriff pending further court proceedings.
On November 17th Fuhr appeared in Livingston County Court before County Court Judge Van Allen. The Judge did release Fuhr on his own recognizance (ROR) per NYS Bail Reform standards. Fuhr was provided a future court date for further proceedings and Deputies released him from custody.
The Link LonkNovember 25, 2020 at 07:49PM
https://geneseesun.com/alleged-drug-impaired-driver-slumped-over-the-wheel-in-mt-morris-gets-charged-with-felonies/
Alleged Drug Impaired Driver, Slumped Over The Wheel in Mt. Morris Gets Charged With Felonies - Genesee Sun
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