SENNETT - A prominent Cayuga County's defense attorneys found himself playing the role of a client Tuesday as he was sentenced in Sennett Town Court to the violation of driving while his ability was impaired by alcohol.
Simon Moody, of 22 Prospect St., Auburn, was originally charged with three misdemeanor crimes: driving while intoxicated, fourth-degree criminal mischief and second-degree reckless endangerment
Moody will have to pay a $300 fine, take a drinking and driving treatment program, and lose his license for 90 days.
Sennett Town Judge Richard Timian had accepted Moody's guilty plea by a signed affidavit earlier last week, and could have opted to handed down a $500 penalty.
“Hopefully you have learned your lesson,” Timian said. “Due to the circumstances involved and from what I can tell, you have accepted responsibility here.”
At the end of the day, Moody accepted responsibility for his actions and said he was happy to finally have the charges behind him.
“About 22 months ago I made an idiotic decision to operate a vehicle after I had consumed alcohol,” Moody said. “But what transpired after that was not your typical driving while intoxicated case.”
The charges came from a Sept. 20, 2006, incident where Moody struck another car, damaging its side view mirror, before he continued driving home. During the original investigation, which occurred in Moody's parking lot, Auburn police said Moody smelled like alcohol, had slurred speech, and couldn't keep his balance. No field sobriety tests were administered.
More than three months later, Moody was officially charged on the three misdemeanor counts, which he believed should have been filed immediately if the Cayuga County District Attorney's Office felt it had a strong case to pursue the misdemeanor charges.
After a 22-month delay, Moody's case finally made its way into Timian's court courtroom. The case was originally dropped by Auburn City Judge Michael McKeon, followed by judges in Fleming, Owasco and Sennett, all of whom cited it would be improper for them to preside over the proceedings.
Even former Cayuga County District Attorney James Vargason opted not to prosecute the case, and instead brought in an outside prosecutor to maintain the court's integrity.
Ontario County Assistant District Attorney Kirk Hazen said he was brought in as a special prosecutor to ensure that none of Moody's clients felt like their cases were compromised because their defense attorney was fighting with his own charges against the local court system.
With the case now behind him, Moody said he had a new appreciation for the county's drug and alcohol treatment programs, and that this was a learning opportunity for other people who may choose to drink and drive.
“I can only hope the publicity, unwanted by me in this particular circumstance, may be a wake up call for the rest of us,” Moody said. “I am definitely wiser for it.”
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net
Moody will have to pay a $300 fine, take a drinking and driving treatment program, and lose his license for 90 days.
Sennett Town Judge Richard Timian had accepted Moody's guilty plea by a signed affidavit earlier last week, and could have opted to handed down a $500 penalty.
“Hopefully you have learned your lesson,” Timian said. “Due to the circumstances involved and from what I can tell, you have accepted responsibility here.”
At the end of the day, Moody accepted responsibility for his actions and said he was happy to finally have the charges behind him.
“About 22 months ago I made an idiotic decision to operate a vehicle after I had consumed alcohol,” Moody said. “But what transpired after that was not your typical driving while intoxicated case.”
The charges came from a Sept. 20, 2006, incident where Moody struck another car, damaging its side view mirror, before he continued driving home. During the original investigation, which occurred in Moody's parking lot, Auburn police said Moody smelled like alcohol, had slurred speech, and couldn't keep his balance. No field sobriety tests were administered.
More than three months later, Moody was officially charged on the three misdemeanor counts, which he believed should have been filed immediately if the Cayuga County District Attorney's Office felt it had a strong case to pursue the misdemeanor charges.
After a 22-month delay, Moody's case finally made its way into Timian's court courtroom. The case was originally dropped by Auburn City Judge Michael McKeon, followed by judges in Fleming, Owasco and Sennett, all of whom cited it would be improper for them to preside over the proceedings.
Even former Cayuga County District Attorney James Vargason opted not to prosecute the case, and instead brought in an outside prosecutor to maintain the court's integrity.
Ontario County Assistant District Attorney Kirk Hazen said he was brought in as a special prosecutor to ensure that none of Moody's clients felt like their cases were compromised because their defense attorney was fighting with his own charges against the local court system.
With the case now behind him, Moody said he had a new appreciation for the county's drug and alcohol treatment programs, and that this was a learning opportunity for other people who may choose to drink and drive.
“I can only hope the publicity, unwanted by me in this particular circumstance, may be a wake up call for the rest of us,” Moody said. “I am definitely wiser for it.”
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net
