MONROE COUNTY OFFICE OF PROBATION ~ COMMUNITY CORRECTIONS, CONDITIONAL DISCHARGE / PROBATION S/T IGNITION INTERLOCK NOTIFICATION TO COURT AND DISTRICT ATTORNE! 16-16465 SENTENCING COURT AND DISTRICT ATTORNEY ARE TO BE NOTIFIED WITHIN 8 BUSINESS DAY'S OF ALLEGED VIOLATIONS) BECOMING Kd ToDGE TERRDANTEAH TR wa | Stephen D, Aronson Astcio Leticia. [oor ROW . Canandaigua City Court __| Monroe County Office of Probation ~ Community Corrections CoIRTY Monroe DEFENDANT WAS: | CONVICTED OF VTLL10263 UMODrving Whe Inout tt nee AS A MISDEMEANOR SENTENCED TO 4 CONDITIONAL DISCHARGE ON owv222016 FOR ONE YEARS) gy muzuonorams —_Stephen D. Aronson_ : Canandaigua City Court | SPRCIAL CONDITIONS RELATED TO TGRTTION INTERLOGK 12. mo. IID requirement [ THE MONITORING AGENT ALLEGES THAT THERE IS WEASONADIE CAUSE TO BELIEVE THAT THE ABOVE OF SENTENCE AS FOLLOWS: O_ FAILED To HAVE IGNITION INTERLOCK DEVICE INSTALLED ON REQUIRED VEHICLEGS). DFAILED To COMPLY WITH A SERVICE VIStT REQUIREMENT. DA DEVICE REPORT INDICATES POSSIBLE TAMPERING WITH OR CIRCUMVENTION OF THE IGNITION tTERLOCE DEVICE O8 AN ATTEMPT THEREOF 1 ADEVICE REPORT INDICATES THAT LOCK.OUF MODE WAS ENTERED, [A DEVICE REPORT INDICATES 4 FAILED TEST Ct RE-TEST WHERE THE BAC WAS OS%0R HIGHER D. MioLyrep oTHER CONDITIONS OF THE SENTENCE DETAILS OF ALLEGED VIOLATIONS Per Smart Start report: On 4/29/17, at 12:30 p.tn., the ID registered a failed a start-up test with a BAC of .061 There is no one pictured in the vehicle providing the sample, which wonld indicate that someone is providing the sample off camera. At 12:35 p.m., the IID registers a passing start-up re-test with a BAC of .000. A young woman, presumably the offender's daughter, is pictured blowing into the device and in all subsequent pictures for the rest of the day. See attached documents. D1 conmiven ov arricHeo ruse DPOA-133CR ID MMcoP8051 ND Notication to Court (081082010 Rev. 82016‘TCTIONGS) TAKEN BY MONTTORING ACTRORITY Notice sent to court and ADA. G conraiwan ow arracsen pace MONITORING AUTIIORITY RECOMMENDATION TO COURT, DIRECTION BY COURT O) HeaRve REGARDINaSENTENCE SraTUS 3 RucoseveNDeD couRT DATE | [1 _AWatr ADUDICATION ON NEW CHARGES BEFORE TAKING FURTHER ACTION 1 sooRDERED 7 SEND DEFENTANT ‘NOTICE TO APPEAR” IN COURT FOR fi Sammon ARRAIGNMENT AS VIOLATOR CO one pavzpRecenay ouRT: | As there is no one pictured for the .061 start-up BAC, no further action is | recommended at this time. | 3. DD. ISSUE WARRANT FOR DEFENDANT 1 soorpeReD [2B OnER RECONATENDATION: [one SBNT Py ordered Atrmern Shr Cty hi— san SIGNATURE OF SUPERVISOR Guy Smid, srrneererecan T /) Rabin 0. Cees Ihr PRINT NAME OF JUDGE Stephen D. Aronson DPCAL1990R-ID tcOPE051 11D = Natfication to Court 0809/2010 Rev. 82016STATE OF NEW YORK CANANDAIGUA CITY COURT 2 NORTH MAIN STREET CANANDAIGUA, NY 14424 Phone - 585-412-5170 Fax - 585-412-5172 201 HON, STEPHEN D. ARONSON That LISA GARDNER lye wsge ‘ro ‘arty eur 96 HON, JOHN A. SCHUPPENHAUER Pein ty Ca pe May 15, 2017 V. Christopher Eaggleston, Esq. Edward L. Fiandach, Esq, Ontario County Courthouse 100 Allens Creek Road 27N. Main Street Rochester, NY 14618 Canandaigua, NY 14424 Re: People v. Astacio Gentlemen: I recently received the enclosed notice of violation of the defendant's IID requirements The monitor recommended “no further action,” and I signed off on his recommendation. However, the violation paperwork is concerning to me for obvious reasons. I expect that precautions will be taken to ensure that the breath sample will be given by a person who can be pictured blowing into the IID device. In addition, please be advised that in view of my concerns, I intend to enforce the provision of the conditional discharge requiring the defendant to submit to tests for alcohol use. The defendant will hereafter be called upon to submit to random testing. As such tests are not performed at the Hall of Justice or at Probation (for persons subject only toa conditional discharge), I would require the defendant to submit to an Big lab analysis of her urine sample through her personal health care provider or through a drug testing service in Monroe County. I would direct that this testing be done immediately and that a lab report be provided to me by Mr. Fiandach. Very truly yours, Pela tephen D. Aronson Hon. enc. coxbtgene Crimi, Chief Clerk, Rochester City Court Guy Smith, IID Monitor, Monroe County Probation Dept.