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Train track wait leads to probation for Brasher man

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MASSENA - A Brasher Falls man who reportedly passed out behind the wheel of his vehicle while stopped at a railroad crossing has been placed on probation for three years for a driving while intoxicated.

Massena Village Justice Eric J. Gustafson sentenced Kenneth B. Stark Jr., 32, of 4 Driscoll Road, Brasher Falls, $500 and a $400 surcharge for the driving while intoxicated conviction. His operating privileges were revoked for six months, and he will be required to install an ignition interlock device on his vehicle when his license is restored.

Stark reportedly fell asleep while waiting for a train to complete its passage across state Route 420 in Massena.

Village police had charged Stark with driving while intoxicated and ticketed him for an open container violation on June 9, 2012. He reportedly had a blood alcohol content of 0.12 percent. The legal limit for a DWI charge in New York state is a blood alcohol content of 0.08 percent.

Stark reportedly told police he had driven into Massena for a late night snack at a fast food eatery. Trains crossing at the Massena station, which straddles state Route 420, typically delay traffic for approximately 10 minutes but waits of up to 30 minutes have been documented.

In other recent court action before Judge Gustafson:

■ John D. Cox, 35, of 36 Spruce St., Massena, was fined $500 and a $260 surcharge after pleading guilty to a reduced count of driving while ability impaired. His operating privileges were suspended for 90 days, and he was placed under a one-year conditional discharge with a stipulation he complete his on-going outpatient treatment.

Village police had charged Cox with driving while intoxicated and ticketed him for speed not reasonable and prudent and failure to keep right at 8:36 p.m. Feb. 4 following a property damage accident when his vehicle struck a snowbank on Willow Street at Bishop Avenue.

Police said they had initially observed Cox’s vehicle traveling at a high rate of speed on East Orvis Street. Police said Cox left 65 feet of skid marks before striking the snowbank. He reportedly had a blood alcohol content of 0.17 percent.

■ Tracy L. Morin, 49, of 75 Beech St., Apt. 1, Massena, was fined $500 and a $260 surcharge and had her operating privileges suspended for 90 days after pleading guilty to a reduced count of driving while ability impaired.

Village police had charged Morin with driving while intoxicated and ticketed her for illegally passing a red light at 1:02 a.m. Feb. 16 following a traffic stop on East Orvis Street. She reportedly had a blood alcohol content of 0.12 percent.

■ Amanda M. Degagne, 23, of 235 Center St., Apt. 5, Massena, was fined $300 and a $260 surcharge, placed under a one-year conditional discharge and had her operating privileges suspended for 90 days after pleading guilty to a reduced count of driving while ability impaired.

Village police had charged Degagne with driving while intoxicated following a traffic stop at 3:10 a.m. Nov. 26, 2011 on West Orvis Street. Degagne had also been ticketed for speed in zone (45/30) and operation of an uninspected motor vehicle. Police said Degagne had a blood alcohol content of 0.09 percent.

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