Police Beat: Officer finds man sleeping in his car on Main Street, charges him with DWI

Posted by Howard Owens on October 12, 2009 - 1:16pm
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Brian M. Raphael, 21, of 4 Noonan Drive, Batavia, is charged with DWI, driving with a BAC of .08 or greater and criminal possession of a weapon. Police Officer E.E. Bolles reports that he found Raphael sleeping in his car with the engine running Saturday at 3:10 a.m. at 419 E. Main St., Batavia. Upon his arrest, Raphael was allegedly found in possession of a collapsible billy club.

Michael D. Snyder, 37, of 679 E. Main St., Apt. 4a, is accused of criminal contempt and harassment. Snyder allegedly violated the terms of an order of protection by shoving his girlfriend. He was jailed without bail.

Timothy P. Tucker, 35, of 12 Ellicott St., is charged with DWI, refusal to take breath test, failure to stop for a stop sign, speed not reasonable and prudent, improper turn and leaving the scene of an injury accident. On Sunday at 1:48 a.m., Tucker allegedly ran a stop sign from northbound Union Street at Oak Street. His vehicle reportedly continued through the intersection until it hit a tree. Officer Dan Coffey reports that Tucker allegedly fled the scene on foot. His female passenger suffered minor injuries in the accident. Tucker was found a short time later at his residence, according to Officer Coffey.

James Frank Webb, 27, of 10215 Colby Road, Darien, is charged with criminal contempt and harassment. Webb is accused of violating an order of protection that barred him from contacting a particular person. He allegedly called that person on the phone.

Shaundalee M. Hill, 20, of 81 Lyncourt Park, Greece, is charged with DWI and driving with a BAC of .08 or greater. Hill was arrested by Deputy Tim Wescott after Hill was reportedly involved in a one-car accident Fisher Road in Oakfield at 6:46 p.m. on Friday. Hill was also charged with unlicensed operation of a vehicle and having an open container.

Adam M. Ganzhorn, 25, of Town of Batavia, is charged with obstruction of governmental administration and filing a false report of an incident. He was arrested at 4346 Batavia-Elba Townline Road by State Police and jailed on $2,000 bail. No further details available.

Christopher A. Saddler, 25, of Albion, is charged with petit larceny. Saddler was arrested in the Town of Batavia by State Police. No further details available.

Posted by George Richardson on October 12, 2009 - 4:48pm
That first one grabbed my attention about three times before I decided to comment. I'm O.K. with a charge of attempted DUI or one of post DUI parking, if such laws exist, but sleeping while intoxicated and driving while intoxicated are different things; even if he was dreaming about driving while intoxicated, which may well be a crime in Batavia. I don't know, but it seems possible. Bogus, but some lawyer will make a couple of grand and the City will collect a fine for idling or texting or some othe BS, of that you can be sure. In Austin, sleeping in your car sometimes means you are finally home from working a 12 hour day doing landscaping. C'mon down.
Posted by Susan Kennelly on October 12, 2009 - 7:15pm
But he wasn't sleeping in his car after 12 hours of landscaping... it was the middle of the night and he was DRUNK .... with the car running.

In NY state (not just in Batavia) just being in the drivers seat of the car with the keys in the ignition is enough to buy you a DWI. The car doesn't have to be running. It's a law.. people know this. It's not like they just pull it out of a hat when the city feels like collecting a fine.

As far as texting..talking on the phone, eating or whatever while in a car. That roll over accident on the corner of Ellicott and Jackson the other day the woman was eating Taco bell AND on the phone. She was so busy with everything thing else going on in her car she forgot to pay attention to her driving. She's lucky she didn't kill someone. For public safety there has to be laws and they need to be enforced.
Posted by terry paine on October 12, 2009 - 8:25pm
So he should have continued driving home? I think he did the safe thing.
Posted by Bea McManis on October 12, 2009 - 8:26pm
I love it when you bring out your "Susan" voice! Well said!
Posted by Bea McManis on October 12, 2009 - 8:29pm
Posted by terry paine on October 12, 2009 - 9:25pm
So he should have continued driving home? I think he did the safe thing.

In that case, the safe thing was to turn off the car, take the keys out and sleep it off. He did neither.
Most likely he didn't decide to fall asleep, he passed out. A big difference.
Posted by Howard Owens on October 12, 2009 - 9:27pm
While not assuming he's guilty of anything, this is all alleged -- he got to Main Street some how. If the facts as provided are true, it doesn't sound like he consumed a fifth of gin, started his car where it sat on Main Street and then fell asleep. And I doubt the car rolled there on its own or was carried there on a magic carpet.
Posted by Susan Kennelly on October 13, 2009 - 5:30am
As far as I can tell 419 E Main St is the corner of Vine and Main St. Was he sleeping at the light?
Posted by bud prevost on October 13, 2009 - 6:28am
Police Officer E.E. Bolles reports that he found Raphael sleeping in his car with the engine running Saturday at 3:10 a.m. at 419 E. Main St., Batavia.

My guess is a typo- 419 w main is Sport of Kings I believe
Posted by Bea McManis on October 13, 2009 - 6:46am
Bud, it was a Saturday night. Could it be possible he came from Tully's and got as far as the intersection of Vine and Main? Since I'm not one for bars, I don't know what time the bars close on Saturday night.
Posted by John Roach on October 13, 2009 - 7:01am
Does it really matter?
Posted by Karen Miconi on October 13, 2009 - 8:08am
I believe, and dont quote me, that if the keys are in the ignition, and the car is running, you can be charged with a deewee. Now if you just pulled off somewhere to sleep it off, turned off your car and took the keys out of the ignition, I dont think you can be charged. Not that I have ever had one, but this is what I understand to be the deal. There's a couple of our law inforcement that read the Batavian, maybe they could comment on this??
Posted by Howard Owens on October 13, 2009 - 8:05am
It was 419 E. Main St.
Posted by Laura Russell Ricci on October 13, 2009 - 9:12am
What he should have done was call for a ride.
Posted by George Richardson on October 13, 2009 - 9:37am
He was only two miles from home. Nobody likes to walk anymore and he probably would have been cited for Public Intoxication even if he had walked. I am totally opposed to drinking and driving but sleeping in a idling car on a cold night doesn't meet the burden of proof for DUI in my opinion. Now, if he was passed out at a light that's a different story. As for the collapsible billy club, I've always wanted one of those. Have you ever seen one? They are really cool.
Posted by terry paine on October 13, 2009 - 11:27am
I still don't understand this logic, if the keys where removed from the ignition while he slept other people on the road would have been safer. Please don't say the laws the law.
Posted by Bea McManis on October 13, 2009 - 12:15pm
Terry, we'll have to wait until the full story is released.
If, in fact, he stopped at the light and passed out while the car was running (for the sake of debate, let's say his foot was on the brake)then he was putting others at risk.
While I was never in the car, I do know someone who talks about falling asleep while sitting at a light after events where drinking is involved. It is a scary scenario.
The law is on the books for a reason.
Posted by terry paine on October 13, 2009 - 12:26pm
I agree if he passed out at a light he should be held accountable. I disagree that all laws have a good reason.
Posted by Bea McManis on October 13, 2009 - 2:16pm
Terry, I wasn't dumping all laws into one hopper. I said that particular law is on the books for a reason.

Imagine what might have happen if that person had made it through the light before his system shut down.