Press release:
In a verdict rendered on January 4, 2022, defendant Michael T. Swiatowy was found guilty, after a single judge trial, of one count of misdemeanor driving while intoxicated. The trial was conducted on December 13, 2021, in Batavia Town Court by Judge Lisa Funke.
According to the trial testimony, as well as records of the Genesee County Sheriff’s Office, deputies were dispatched to the defendant’s home on January 10, 2020, for an unrelated matter. Upon arrival, they noticed that defendant had trouble standing and was slurring his speech. He also had bloodshot, glassy eyes, and was wearing only one sock and no shoes. Defendant admitted to driving home from a bar, and a witness at trial confirmed this.
While walking to the patrol car, the defendant was having trouble keeping his balance and kept saying, “I’m a corrections officer, extend me some damn courtesy.” He agreed to perform several field sobriety tests, which he failed. Defendant refused to provide a breath sample and was placed under arrest.
The arrest was handled by Brock Cummins and Deputy James Stack. Assistant District Attorney Robert J. Shoemaker was the trial prosecutor. The defendant was represented by Thomas D. Trbovich, Esq.
