Troy man pleads guilty to BAC of 0.27 percent

58-year-old tried to enter closed diner, half-empty bottle of vodka in car

— One drunk driver was intoxicated to the point that police were not able to get a booking photo of him, with officers having to constantly hold him up, according to police reports.

Albany County District Attorney David Soares announced Alfonzo Hicks, Jr., 58, of 256 9th St. in Troy, pleaded guilty to felony aggravated DWI on Wednesday, March 19, before Judge Peter Lynch in county Court. Hicks faces up to one to three years in state prison, installation of an ignition interlock device for three years following his release, a $1,000 fine and having his driver’s license revoked for a minimum of one year. He will be sentenced on May 14.

Guilderland police on Monday, Feb. 3, observed Hicks in his car, with the vehicle running, at Mike’s Diner located at 3767 Carman Road. Approximately five minutes later police received a call claiming someone was attempting to enter the restaurant while it was closed. When police arrived at the diner he was allegedly pulling on the locked front door while attempting to enter the business.

Police said Hicks had an odor of alcohol, bloodshot eyes, slurred speech and unsteady motor coordination. He also admitted to driving the vehicle and told police he was going to visit his mother, who was later discovered to be living in the Long Island area.

Two police officers allegedly had to hold Hicks while giving instructions for and during standard field sobriety tests. At one point, he fell over onto his back with “his feet in the air,” police said. After placing him into custody, police said a half empty bottle of vodka was found in his car.

A chemical breath test at the SUNY Police Department administered around an hour after he was arrested revealed he had a BAC of 0.27 percent, which is more than three times the legal limit.

He was returned to Guilderland Police Department for processing and at one point he became “very irrational and mildly violent,” according to police. He fell out of his chair during processing and at some point urinated in his pants.

Police were also unable to take a booking photo because of his “intoxicated state” and he “needed to be repeatedly held up by officers,” according to the county District Attorney’s Office.

Vehicular Crimes Bureau Chief Mary Tanner-Richter is prosecuting the case.

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