The driver says it was Saturday morning's fog that caused him to miss a stop sign on Freeman Road, South Byron, but that didn't stop a deputy from charging him with DWI.
Charged was Brian R. Dilcher, 25, of Clinton Street Road, Batavia, who was also cited for alleged failure to stop for a stop sign.
Dilcher was eastbound on Freeman Road at 5 a.m. in a 1994 GMC pickup when he allegedly went through the sign at Coward Road, Byron.
His truck struck a Verizon utility box and then a tree.
Dilcher suffered minor injuries, but did not require ambulance transport.
The accident was investigated by Deputy Eric Seppala.