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Legal loophole: Cayuga County DA lobbies to change DWI law, punish post-prison violations

In March 2013, David Manwaring was driving by the Fingerlakes Mall when New York State Police spotted him spinning his tires and veering onto the shoulder of Clark Street Road. At the time, troopers said he was pulled over and registered a blood alcohol content of .08 percent, and he was charged with his fifth drunk driving offense in less than 10 years.

Manwaring ultimately pleaded guilty to driving while intoxicated, a class D felony, and first-degree aggravated unlicensed operation of a motor vehicle, a class E felony, and was sentenced to 1 1/3 to four years in prison plus five years post-release supervision.

After serving the full four years in prison, Manwaring returned to Cayuga County where he was supposed to start his post-incarceration probation. But the county probation department said the 51-year-old never showed.

On Tuesday, Manwaring appeared in Cayuga County Court for violating the terms and conditions of his probation. District Attorney Jon Budelmann said Manwaring had failed to report to his probation officer and continued to consume alcohol.

The Citizen:
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