By Miranda Vagg/vaggm@gnnewspaper.com
ALBION — Albion Mayor Michael Hadick looked somber as he was arraigned in Albion Town Court on Tuesday.
Hadick was arraigned on charges of failure to keep right, speed not prudent or reasonable, driving while intoxicated and driving with a blood alcohol content of .12 percent after he rolled his sport utility vehicle June 3 on East Countyhouse Road.
“At this point he’s been arraigned,” attorney David Spoto of Rochester said following his client’s brief court appearance. “These are misdemeanor level offenses. There are no felony level offenses.”
Spoto said that the statute allows a penalty of up to six months of incarceration for DWI charges. However, in his experience with cases such as this, Spoto has never seen a first time DWI offender go to jail.
A special prosecutor was assigned the case through the Orleans County District Attorney’s Office. District Attorney Joseph Cardone was “concerned of an appearance of impropriety” and that the case should be handled by a lawyer from outside the area, Spoto said. Hadick’s attorney saw no reason that Town Judge Dennis Stirk would need to recuse himself from the proceedings, though.
“I assume the judge is going to handle this as any other case,” Spoto said. “I have no problem with this judge sitting.”
Hadick has been advised by his attorney not to speak on the matter and would not comment. Spoto said when the time is appropriate and the court matters are solved then it would be Hadick’s decision to talk about what happened.
“His constituents shouldn’t be concerned. (They) should give the mayor the same rights they would have,” Spoto said. “As a public official he has rights, too.”
Spoto called Tuesday evening’s appearance “the kick-off of proceedings” in Hadick’s case, which has been adjourned until Aug. 21.
“It’s the natural process,” Spoto said. “Ninety-nine percent of all cases do not get resolved on arraignment.”
Contact reporter Miranda Vagg at 798-1400, ext. 2225.
