BENNINGTON -- An East Greenbush man who pleaded guilty to a third offense of driving under the influence of alcohol will attend an alcohol treatment program in lieu of 96 hours he was required to spend in jail.
Colin T. Callaghan, 37, was charged in June with DUI #3, DUI #3 with test refusal, and leaving the scene of a crash. The state dropped the second and third charges. According to a police affidavit, on June 13 Callaghan was involved in a minor crash in the parking lot of the Stewart’s Shop in Pownal. His attorney, Bradley Myerson, told Judge Cortland Corsones that he left the scene because of an argument with the other driver and later was willing to give a blood sample to police for testing.
Myerson said Callaghan is scheduled to enter an inpatient treatment facility for alcoholism in New York where he will be for 28 days. Once he is out, he will follow an intensive after-care program. Myerson asked Corsones to waive the 96-hour mandatory minimum sentence because it would disrupt Callaghan’s after-care program.
Under Vermont law, judges can waive the 96-hour minimum if such a waiver serves the interest of justice, which Corsones said it did and waived it.
The plea agreement also comes with a one- to two-year suspended sentence for Callaghan, and 18 months of probation.
-- Keith Whitcomb Jr.
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