Tuesday, April 26, 2011

Trial of man convicted of drunk driving 8 times begins

The trial of a Salina man who has been convicted of driving drunk eight times since 1986 will begin on Tuesday morning with opening statements.

In September, 51-year-old Dean Tuszynski was arrested in Liverpool after a hit-and-run accident in the Town of Van Buren in which a car he was driving was allegedly involved.

The incident occurred just a few months after he was released from prison on his eighth drunk driving conviction. In that case, the judge rejected “persistent felony classification.” But after his most recent arrest, Judge Anthony Aloi indicated he may consider that status, which could mean 15 years in prison for Tuszynski.

Aloi has, in fact, used the Tuszynski case to appeal to state lawmakers to increase the penalties for repeat drunk-driving offenders in New York State.

Jury selection was completed Monday afternoon.

After the September incident, Tuszyinski refused to take a breath test and authorities do not have a blood-alcohol content indicator upon which to base the charge. In February, however, he gave a saliva sample, which prosecutors could use to compare his DNA to DNA found on beer cans in his vehicle.

The Second Circuit Court of Appeals in New York struck down the persistent felony law, saying it was unconstitutional. But the state’s highest court – the Court of Appeals in Albany – ruled that it is valid.

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