Editor’s note: This article was written by Jennifer Hersey Cleveland of The Caledonian Record, in which it was first published Oct. 2, 2013.
NEWPORT — The mayor of Newport pleaded guilty to a second offense of drunken driving Tuesday in Orleans Superior Court-Criminal Division and was sentenced to serve 200 hours of community service.
Mayor Paul Monette, 53, faced a possible 60 hours in jail for the offense, since the law requires one or the other as a mandatory part of sentencing for this crime.
But Monette didn’t get away without some stern words from Judge Howard VanBenthuysen, who said it appears Monette has a problem with alcohol.
Monette was injured when he rolled his 2012 Toyota Prius on Interstate 91 in Barton July 21, which served as the basis for the state’s request for jail time.
Gregory Nagurney, who prosecuted the case after Orleans County State’s Attorney Alan Franklin recused his office, said, “The accident is really the basis for the disagreement between Mr. McCabe and I.”
Nagurney was referring to the one sticking point in sentencing between him and defense attorney Daniel McCabe.
While Nagurney said he appreciated Monette taking responsibility for his actions, he said the risk to public safety caused by Monette was unacceptable and could have easily resulted in injuries to other people.
McCabe said Monette already volunteers a lot of time to the community and that his community service sentence would be above and beyond that time. Monette wants to make amends with the community, McCabe said.
But a jail sentence would just end up costing the community money, he said.
Judge Howard VanBenthuysen said he didn’t know what kind of sentence would result in a change in Monette’s behavior. “If coming close to killing yourself because you were drunk won’t do it, I don’t know what will,” he said.
VanBenthuysen said drunken driving is a crime committed by a cross section of the community and told Monette what he tells all DUI defendants — “If you’re going to be drinking, you should not be driving. Simple as that.”
But the judge said a few factors make it appear that Monette has an addiction to alcohol.
The fact that he’s appearing for a second offense of drunken driving should serve as a “huge red light” to Monette, VanBenthuysen said, as well as his blood alcohol concentration (BAC), which was nearly twice the legal limit.
VanBenthuysen said research shows that most people begin to feel ill from alcohol at about 0.10 percent. Monette’s BAC was 0.149 percent, which the judge said showed that Monette has built up a tolerance for alcohol that is above normal.
Most people charged with a first offense of drunken driving never return to court for a second offense, he said.
“These are danger signals you should be heeding,” VanBenthuysen said.
The judge asked Monette if he thought he has a problem with alcohol, and the mayor said he wasn’t sure.
“It certainly looks from here as though you have an alcohol issue,” VanBenthuysen said. “This sounds as though you came very close to doing yourself in.”
Monette has no prior record except his first conviction for drunken driving in 1999.
David Emerson called 911 to report a single-vehicle rollover on the interstate in Barton just before 2 a.m. on July 21. Emerson said the driver was unconscious and possibly severely injured.
Trooper Brian Connor noted that Monette’s speech was confused and his eyes watery and bloodshot after he totalled his 2012 Toyota Prius.
An alcosensor test at about 4 a.m. showed that Monette’s blood alcohol concentration (BAC) was 0.145 percent, which was similar to the 0.149 percent result of a test of blood drawn by North Country Hospital staff just after 4:30 a.m.
Monette was transported to the hospital for treatment for injuries sustained in the crash.
When Connor asked Monette if he wanted to talk to him, Monette allegedly answered, “Yes, why not? I’m guilty.”
Connor asked Monette where he’d been driving from, and the mayor said, “I was just driving to clear my mind. I’ve been having a lot of stress.”
Monette said he’d consumed beer and mixed drinks, including a Grateful Dead, but he said he was uncomfortable telling Connor how many he’d had to drink.
Monette told Connor he’d been at Jasper’s Tavern earlier and had no memory of the crash. “I should have never been driving,” the mayor allegedly told the trooper.
