Saturday, September 1, 2012

[Update] North Tonawanda teacher sentenced in DWI had prior charge

City of North Tonawanda School District, North Tonawanda High School Teacher, Arthur J. Harack, was charged in June 2008 for resisting arrest and disorderly conduct according to a June 2008 Tonawanda News Police Report. At that time, Harack was being held in lieu of $250.00 bail.

Harack escaped prosecution under Leandra's Law.

According to a 2011 Tonawanda News Police Blotter, "On August 23, 2011,  Arthur J. Harack, 61, 1258 E. Robinson Road, was charged for aggravated driving while intoxicated, driving while intoxicated and endangering the welfare of a child. He is being held for court in lieu of $750 bail."

Further according to a Buffalo News article of January 14, 2012, Harack 
was arraigned in Niagara County Court ... on charges of violating Leandra’s Law by allegedly driving drunk with a child in his auto.

The Law

"Pursuant to New York Vehicle Traffic Law Section 1192-2a, any person caught operating a motor vehicle while intoxicated and transporting a child shall be charged with a Class E Felony. In the event that reckless driving and death or serious physical injury is not a factor, an individual will automatically be charged with a class D felony. Defendants convicted under the new law face a prison sentence of up to four years and a fine of $1000–$5000. The installation of a mandatory ignition interlock device for a term of at least six months is also an expected provision of sentencing (mandatory for all DWI offenses August 15, 2010). Moreover, licenses are automatically suspended pending prosecution and once proven guilty, the person will be reported to the Statewide Central Register of Child Abuse and Maltreatment and his/her license will be suspended for a minimum of twelve months. First time and repeat offenders are charged with an E level felony, regardless of criminal record."

Nevertheless, according to the Buffalo News, Harack was allowed to plead guilty to misdemeanor driving while intoxicated. At the time of his arrest, his BAC (blood alcohol content) was 0.13 percent and Harack had a child in his vehicle.

Updated September 01, 2012 at 11:11 AM
Updated September 06, 2012 at 7:48 PM

1 comment:

Blake Woodrow said...

The interlock ignition device is a clever invention that, once installed on a vehicle, must be blown into before the vehicle will start. If the device detects any alcohol it will prevent the vehicle from operating. It effectively works as a foolproof intoxilizer for would be under the influence drivers.