Judge Who Was Arrested For DUI Gets Busted Doing The Unthinkable

It's sad when of all people, a judge fails to follow the law. This has been happening in Rochester, however, when a judge was arrested for drunk driving. After being released from jail, and while still drawing her $174,000 salary, the judge violated the conditions of her probation and was found drinking again. The judge is arguing that the test results were a false positive, however.

Rochester City Court Judge Leticia Astacio, who was elected to a 10-year term in 2014, found herself in hot water after she was arrested for DUI. During a hearing, Astacio was told that she was being sentenced to 60 days in jail, and three years’ probation.

Astacio's lawyer, Mark Young, told the court that his client was not going to agree to probation. "She will violate probation the moment you put her on probation," he said.

This prophecy has proven true. At the time, the judge at the hearing said Astacio would have to come back for another court date if she refused parole. The judge went on to skip a mandatory urine test on May 2, and failed to appear for her court date on May 30.

A bench warrant was issued for the judge's arrest at the time, and she remained in custody until July. She was released from jail early, given credit for time served. At the sentencing, she lamented over the headlines that labeled her '#drunkjudge' and the embarrassment it caused. Social media has not been kind to the judge.

Days after her early release, the judge found herself in court again. As her lawyer promised, she violated conditions of her parole. Astacio is required to wear an alcohol monitoring bracelet, called a transdermal testing 'SCRAM' device. She's not allowed to drink alcohol, but her SCRAM device showed her blood-alcohol level was .127.

The legal limit in New York State is .08.

Astacio denies that she drank. She claims that she used a foot peel cream on her skin that contained a high alcohol level, and that the SCRAM device can't tell the difference between alcohol that's consumed and alcohol that's been slathered on her body.

It’s an unusual excuse, but it might have some merit. Experts are now trying to determine the cause of the SCRAM reading. If it turns out that the foot cream can indeed cause the blood-alcohol reader to skyrocket, people on probation could end up being banned from using the product, and any other products that might register as a false reading on the SCRAM device.

At this point, though the judge has been stripped of her duties, she's still drawing her $174,000-per-year salary. Since her 10-year tenure isn't up, it will require a state Commission on Judicial Conduct ruling to remove the judge officially from the bench. At this point, the commission won't confirm whether or not it has started an investigation. If it does, it could be years before any action is taken.

Source: Daily Mail
Photo: NBC 10/WHEC

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