AGGRAVATED DWI - MASSENA - Village police charged Scott P. Brainard, 51, of 355 Willard Road, Massena, with aggravated driving while intoxicated and unlawful possession of marijuana following a traffic stop at 2:25 a.m. Saturday on Victory Road. He reportedly had a blood alcohol content of 0.22 percent, A BAC of 0.08 percent or higher is considered proof of intoxication in the state. The charge is elevated to the more serious offense of aggravated DWI when the BAC is 0.18 percent of higher. Police said they made the traffic stop after vehicle and traffic law violations on Bayley Road.
While police were waiting for the vehicle to be towed, an officer said he looked inside the driver;s side window and noticed part of what he believed to be a pipe commonly used to smoke marijuan. The village police K-9 unit did a vehicle sniff and reportedly alerted to the area under the center dash. Police said they recovered a pipe with marijuana residue and a small plastic bag containing a substance that tested positive for marijuana.
He was arraigned Saturday morning by Massena Town Justice Gerald P. Sharlow and released under the supervision of the probation department. His operating privileges were suspended pending prosecution.
Brainard was convicted of a reduced count of driving while ability impaired in Febraury in Louisville Town Court stemming from an April 27, 2013 traffic stop, where he had been charged with driving while intoxicated, unlawful possession of marijuana and consuming alcohol in a motor vehicle on a public highway and ticketed for failure to keep right.