FELONY DWI - MASSENA - Massena-based state police charged Scott M. Baxter, 37, of 145 Beach St., Massena, with a felony count of driving while intoxicated and ticketed him for speed in zone (44/30 mph zone) following a traffic stop at 9:45 p.m. Wednesday on East Orvis Street. He reportedly had a blood alcohol content of 0.13 percent. A blood alcohol content of 0.08 percent or higher is considered proof of intoxication in the state. The charge is elevated to a felony because Baxter allegedly has a previous DWI conviction within the past 10 years. Court documents indicated Baxter was convicted in July 2005 of driving while intoxicated in the town of Greece in Monroe County.
Baxter was arraigned on the felony DWI charge early Thursday morning by Massena Town Justice Gerald P. Sharlow and released under the supervision of the probation department.
St. Lawrence County Assistant Public Defender Steve Ballan appeared with Baxter at his arraignment. Following discussions with St. Lawrence County Assistant District Attorney A. Michael Gebo, Mr. Ballan waived his client’s right to a preliminary hearing and asked to have the case sent up to superior court for possible grand jury action.