Friday, March 13, 2015

ST. CLAIR COUNTY OFFICIAL ARRESTED UNDER SUPER DRUNK LAW

Original Story: macombdaily.com

The political leader of a rural St. Clair County community was arrested by Clay Township police for drunk driving Feb. 12

Supervisor Kelly Fiscelli, the top elected official in Cottrellville Township, located outside of Marine City, was taken into custody at about 12:40 a.m., several hours after a board meeting she chaired.

She was charged with operating with blood alcohol content of .17 or more, the so-called ‘super drunk’ law, a term applied to first-time offenders who register a PBT greater than .17. A Westchester County drunk driving lawyer represents clients charged with driving under the influence of alcohol.

Fiscelli was reportedly on her way home when a Clay Township police cruiser spotted her driving erratically.

Police received a call of an intoxicated woman who refused attempts by others to give her a ride home, according to a Clay Township police report. The caller let police know the vehicle she was driving was eastbound on M-29. Police caught up with the car at Palms Road as it was stopped under a traffic light. The police report states Fiscelli then turned down Palms and made a right on Shea Road, crossing the centerline as she did so. She then drove in the wrong lane for a time with the police car behind her. A New York DWI lawyer is following this story closely.

After a traffic stop the officer made contact with her. Fiscelli looked and acted like she was impaired, according to the police report. Her speech was slurred, she smelled of alcohol and seemed confused at times, the officer reported. When asked how much she drank, she said she had three beers. She then failed a field sobriety test and refused to attempt another.

The officer asked if she would submit to a Preliminary Breath Test and she agreed with a .23 percent result. The legal limit of intoxication is .08.

Fiscelli was arrested for operating a vehicle while intoxicated. At the police station, she told officers she “did not know what to do” and wanted to call Tim Donnellon, who is the St. Clair County Sheriff. After making a phone call she took another PBT with the result a .28 percent reading. She then refused a third breath test. While she was fingerprinted, she became uncooperative, making it impossible to be photographed.

She was then lodged at the St. Clair County Jail. The next morning, she was released on a personal bond with no monetary requirement, according to St. Clair County court records.

While en route to the jail, the report states she was verbally abusive to the officers. A New York drunk driving lawyer provides experienced representation to clients involved in DUI charges.

On Feb. 17, Fiscelli, in a prepared statement, acknowledged the arrest.

“I was arrested. It was my first offense. I made a mistake,” she said. “I apologize to my family and constituents. I plan on taking responsibility through the courts on my decision making. I apologize for letting my constituent’s down and I am moving forward with my professional and personal life and would like to put this chapter behind me.”

She said she was “mortified” that she would be driving while drunk. Her former husband was a sergeant in the sheriff’s department who was killed by a drunk driver.

“I am always saying that it is the one thing you totally don’t do is drive drunk,” she said.

Fiscelli mentioned the township board session held earlier that evening was particularly stressful.

“I’m not making excuses,” she said. “But this should not be how it is for a politician – being run through the mill. It will prevent others from running for office. I would just ride out the time until my term ended if I was a different person, but I won’t.”

Fiscelli has been in office since November 2012 and her term ends in 2016.

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