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Thursday, May 4, 2017

Livingston County: Aggravated DWI Arrest with 5 Times Legal Limit


LIVONIA:  Sheriff Thomas J. Dougherty reports the arrest of a Naples, NY man for driving with a blood alcohol content five (5) times the legal limit. On May 2, 2017 at about 8:00 p.m., Sergeant Joseph Breu stopped a vehicle on Plank Road (Route 15a) in the Town of Livonia for alleged vehicle and traffic law violations. According to a press release, “upon having contact with the driver, 54-year-old James S. Rathbun of Naples NY, the Sheriff’s Sergeant had reason to believe he was intoxicated and requested Deputy Matthew Thomas from the Sheriff’s Office STOP DWI Unit to the scene to conduct a DWI investigation.” The Deputy Sheriff arrived on scene and conducted a roadside investigation which resulted in the arrest of Rathbun for Driving While Intoxicated. Rathbun was taken to Central Booking at the Livingston County Jail, where Deputy Dan Quibell of the Sheriff’s Office Jail Division conducted a breathalyzer test on Rathbun.  The test results revealed a BAC of .40, which is 5 times the legal limit. Rathbun was additionally charged with Aggravated Driving While Intoxicated.  It was further discovered that Rathbun had been arrested just days prior on April 28th in the Town of Cohocton for Aggravated DWI. Rathbun was processed by Central Booking Deputies and held in pre-arraignment detention. Rathbun was arraigned on May 3rd in the Town of Livonia Court before Justice Graf-Linsner.  The Judge remanded Rathbun to the custody of the Sheriff on $500 cash or $1,000 bond.