Two Monroe County residents charged with DWI after same traffic stop in Livingston County

Local News

AVON, N.Y. (WROC) — Officials from the Livingston County Sheriff’s Office say two men are facing drunk driving charges after being arrested during the same traffic stop.

Authorities say a deputy conducted a traffic stop on Lavekille Road in the Town of Avon around 9:20 a.m. Tuesday.

Police say while attempting to get the vehicle to pull over, it’s alleged that the deputy observed the driver and the front seat passenger of the vehicle switch positions while the vehicle was still in motion. They say the occupants did then comply with the deputy and pulled the vehicle over.

Officials say the original driver was identified as 31-year-old Joshua Padilla of Rush, and the passenger who gained control of the vehicle was identified as 26-yer-old David Towne of Rush.

Authorities say during the traffic stop, the deputy suspected that both Padilla and Towne were under the influence of alcohol and subsequently performed field sobriety tests. Another deputy responded and ultimately both Padilla and Towne were taken into custody, police say.

According to the sheriff’s office, both Padilla and Towne were offered a breathalyzer test, to which Padilla refused. Towne performed the test and officials say his blood alcohol content (BAC0 was 0.34%, more than quadruple the legal limit.

Police say Padilla had a revoked driver’s license due to a previous DWI related offense, and a previous conviction of DWI in 2015. New charges he’s facing include DWI, felony aggravated unlicensed operation of a motor vehicle in the first degree as well as vehicle and traffic law violations.

Towne was charged with aggravated DWI, a misdemeanor.

The two were later released on their own recognizance.

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