A Batavia man said he swerved to avoid hitting a deer on Friday night leading to a car vs. pole accident on Bank Street between Ross and Vine streets.
Officer Kevin DeFelice said there was no reason to doubt John J. Dwyer, Jr.'s story. He hadn't been drinking and there were no skid marks to use to estimate the speed of his vehicle.
Dwyer told DeFelice that he was driving 30 mph.
No citations were issued.
"It's now up to his insurance company," DeFelice said.
Dwyer's car took out the utility pole.
There were no injuries and no other cars were involved in the accident.
Photo submitted by Jeremiah Pedro.