Queensbury Councilman Timothy Brewer pleaded guilty Tuesday to a reduced, non-criminal charge of driving while ability impaired in connection with an arrest for driving under the influence of drugs last year.

Brewer admitted he was impaired during an incident last April in which two drivers saw him driving erratically on Upper Sherman Avenue and boxed his Honda sport-utility vehicle in, forcing him to stop for police to respond.

He was originally charged with a misdemeanor count of DWAI-drugs, but was allowed to plead guilty to a lesser charge by the special prosecutor assigned to the case, the Washington County District Attorney's Office.

Brewer was sentenced to a one-year conditional discharge, fined $400 and ordered to pay a $255 state surcharge.

His driver’s license was suspended for 90 days, and it was the details of that suspension that had been the sticking point of the case for the last few months.

Washington County Assistant District Attorney Michael Stern, who prosecuted the case, said Brewer sought to have suspension conditions that allowed him to drive to and from work and Queensbury Town Board meetings, as well as drive to deliver auto parts for his employer, the NAPA store on Quaker Road in Queensbury.

Stern said his office did not believe Brewer should be able to drive for work.

Brewer was under the influence of prescription medications for serious back injuries, and has said he had some sort of drug reaction.

A blood test found only prescribed drugs and no alcohol in his system. Among the drugs was a painkiller that delivered doses via a computer-controlled intravenous pump.

Stern said Brewer indicated that the medication issues that caused his problems that night have been rectified.

“He claims he has addressed all of the issues with his pain pump,” Stern said.

The guilty plea will not affect Brewer’s ability to hold public office or run for re-election.

Neither Brewer nor his lawyer, Jeff Matte, returned phone calls for comment Wednesday. Washington County District Attorney Kevin Kortright also did not return a phone call for comment.

The case was scheduled for trial before Glens Falls Judge Richard Tarantino on Friday, but Brewer opted instead to plead guilty and avoid the possibility of a tougher sentence. DWAI-drugs is punishable by up to a year in Warren County Jail.

The conditional discharge will require him to avoid a re-arrest or risk the possibility of re-sentencing.

The arrest was his second for DWAI-drugs in a little over two years, stemming from prescription medications. The first arrest, in January 2010, came after he drove into a log truck.

(17) comments

Bill ikant
Bill ikant

Of course the wording those medicine containers was missing, ya know them "Do not operate a motor vehicle or machinery when using these medicines".A conditional License " part of the conditions???? For one 1 year??,Avoid a trial???, Plea deal out of Alcohol?. Here in Rensselaer County aD.D.A.I. -Drugs rates a RECKLESS driving charge.O course no Calls were answered. didnt want to get caught fibbing.
Bill Dikant D.W.I. Victim Advocate,
Castleton, N.Y. 12033

selectivenews
selectivenews

Would have been nice to indicate whether or not the DA conceded to Brewer's demand for a conditional license, nice reporting! Give the complete story or don't write it.

hammer54
hammer54

People on medications for pain or other illness should be totally exempted from all DWI / DWAI laws. Poor Mr. Brewer did nothing wrong in my opinion and this whole issue is ridiculous. He didn't even cause an accident. I have a much bigger issue with the idiot busybodies who boxed him in and called the police. That was completely wrong. I was none of their business to be observing, stopping, or calling police on him. I would never let medications stop me from driving as I need to for work and I have great difficulty walking. Bottom line people, MIND YOUR OWN BUSINESS. You may be in a similar situation someday yourself.

LZAP
LZAP

Did you not read the last paragraph about driving into a log truck??? Or the part that said his second offense in a little over two years??? I hope the next time he does it...its not me he runs into. If people can't be totally sure that their medication is not going to impair their driving....THEN DONT GET BEHIND THE WHEEL!!!!! Those people that boxed him in and made sure he was stopped....good for them doing the right thing.

Key
Key

Only a totally insensitive or uncaring person would ever drive under the influence of any debiliatating drug, or alcohol. Driving is a privilege not a right, and no one has any right to endanger others on the road. Impairment is everyones business because impaired driving is an extreme risk that does not have to be taken. No one is exempt from the law. Those citizens who stopped his car may have saved his life, and the lives of other people.

politicoQB
politicoQB

Hammer; I thought at first read your post was meant as a joke. I now fear it is your true feelings.
The 'busybodies' who boxed him in did so because he was so out of control it appeared he was imminently going to crash into something.
So your belief is no matter how whacked out of their mind a person is on 'prescribed' drugs it's fine to drive hmm?
I'll bet you watch Fox news and think pot is a dangerous addictive narcotic.
It's posts like yours that make me embarrassed to be human.

newshound
newshound

Tim was under prescribed meds...omg talk about making a lot about nothing. He has been a great asset for queensbury and i will be voting for him again.

Bill ikant
Bill ikant

Excuse me hammer, They were minding their own business, They were protecting themselves and others from being in a "Crash" eliminating serious injury and maybe even a fatality. What part of that dont you understand??.You hold hands with befor you call them "Idiots" , look long,hard ,and deep in the mirror when you shave.him ???.

The Bleeb
The Bleeb

If there's no victim, there's no crime. A reckless driving charge should be levied only if one is driving recklessly, and not because of their blood content or because they have a hamburger in their hand. I think the non-criminal result was appropriate.

Key
Key

It is against the law to drive under the influence of drugs. It is illegal because it is dangerous. People die in drugl related crashes every day. The law regards the blood test results to indicate the level of impairment. It is a crime to drive while taking certain types of drugs; whether prescribed or not. Not agreeing with the law does not change the fact that it is still illegal to drive while taking these drugs.

beyond - belief
beyond - belief

you are 100% wrong with this statement.

windowdoorguy
windowdoorguy

Two times in two years. I guess it just shows, It's more important Who you know than What you did. Fortunately, he was stopped before he hit someone this time. Last time, he only drove into the back of a logging truck, twice! Everybody can make a mistake, most learn from it.

cfunk4g
cfunk4g

I thought that the second one in 10yrs was automatic DWI. The problem is there are to many people complaining about some kind of pain, and the doctors handing out Meds like there candy. Here's some news, the #1 drug problem in our area is prescription drugs. And this man knew the condition he was in. Whats it going to take someone running over a bunch of kids waiting for the bus. Most of the time a pill isn't the answer. What was the level of meds in his blood, was he abusing them.

dak
dak

So this guy can be arrested for two DWAIs in consecutive years, not face any jail time, & pay a $600 fine. Something is wrong here. He seems to have been given a lesser sentences because of who he is in the community. Shame on local police & DA. This is ridiculous.

woodsplitter
woodsplitter

Hammer54=If these people hadn't of blocked him in so he couldn't continue driving,and one of your family got killed I bet you wouldn't be sticking up for him.2 DWAIs in two years and the last wasn't a felony seems to show the good old boy system is still working fine in the Glens Falls area.

beyond - belief
beyond - belief

If you take to much cough syrup and become intoxicated and drive, you can be arrested for DWI. It does not matter where the alcohol came from. If there are warnings against driving and operating machinery while taking a narcotic, and you drive impaired you can arrested for DWAI/Drugs. It does not matter that the pills were legally prescribed. It is a shame that this did not go to trial, because then we would have heard the eyewitness accounts of his RECKLESS DRIVING and total DISREGARD of the TRAFFIC LAW and other motorist. He was stopped by “the busy bodies” only after he went OFF THE ROAD, this after RUNNING STOP SIGNS in Glens Falls, and DRIVING IN THE WRONG LANE AT ON COMING TRAFFIC. Timmy knew this would come out at trial, so he took a back door arranged plea. This man, with his past outburst of temper and total disregard for life, should not be serving as an elected official …period.

politicoQB
politicoQB

Beyond-belief: Well said, ma'am or sir.

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