Even after seventh DWI, Batavia man given chance at reduced prison term

Despite six previous DWI convictions, one of which led to a stint in state prison, Robert Lamkin of Batavia isn't going to be locked up just yet for his 7th DWI conviction.

Judge Robert Noonan granted Lamkin one year interim probation. If Lamkin makes it through probation successfully, his possible prison term will be reduced to one to three years.

Either way, Lamkin is looking at another prison term. The only question is when it starts and for how long.

Noonan warned that any slip up of any kind will land him in a lot of hot water.

"It will not take much of trip and fall to put you in for a major prison term," Noonan said. "When, and if, you're getting to the point of reaching for a bottle or reaching for car keys you need to stop and think whether it’s important enough for you to take that drink or take that drive that you want to be separated from your family for a long, long time."

Noonan granted the interim probation over the objection of Genesee Justice and after reading a less than stellar probation history.

"On this history it's hard to see how to justify anything but state prison," Noonan said. "By your own statements, you've just kind of blown off the conditions of probation in the past. At least until June of this year, you've paid very little heed to the restrictions placed on you. ... I have an obligation to the citizens of the world to make them safe from people like you. I'm only saying that to tell you the corner you've backed yourself into."

Lamkin's most recent arrest came in June in Pavilion.

While on probation, Lamkin will be required to take an Ethyl glucuronide (EtG) test regularly. It detects alcohol in the system for up to 80 hours, yielding results even when a breath test reads zero. It's sometimes used with airline pilots to ensure they're not even hung over when they fly.

Lamkin is represented by attorney Michael M. Mohun.