WESTERLO, NY – Two separate witnesses prevented a drunk driver from
returning to the roadway after a crash in Westerlo on Saturday.
The incident happened at approximately 7:00 p.m. on
State Route 85.
The Albany County Sheriff's Office says 42-year-old
Philip J. Winters, of Westerlo, allegedly drove a vehicle off the roadway.
Two different people called 911 after witnessing
Winters driving erratically.
Albany Police say two drivers blocked Winters car when he drove into a
ditch. The citizens then tried to grab the keys from Winters until police
Upon the arrival of Sheriff's Deputies, Winters was given a prescreening
test showed his BAC to be 0.36%, which is five times the legal limit. Winters
was taken into custody for DWI and processed at the Sheriff's Patrol Station,
where he refused to take a chemical test.
Winters had no driver's license because it was revoked for previous DWI
convictions. He had two previous convictions for DWI in the past ten years
which escalated the current DWI to the Felony level.
Winters was charged with Felony Driving While
Intoxicated, a Class D Felony, Aggravated Unlicensed Operator 1st Degree, a
Class E Felony, Unlicensed Operator and Failure to Keep Right, both traffic
violations. If he is convicted of both charges he could face up to 11 years
behind bars. He was arraigned in the Town of Westerlo Court and brought to the
Albany County Correctional Facility in lieu of $20,000 cash bail or $40,000
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