GUILDERLAND, NY - District Attorney P. David Soares announced that DAVID C. GERKE, 47, of Altamont, was found guilty after jury trial of (1) Count of Driving While Intoxicated, an Unclassified Misdemeanor and (1) Count of Driving While Ability Impaired, a Violation, in addition to (1) Count of Driving Without A License and (1) Count of Failure To Obey A Traffic Device, both Traffic Infractions, before the Honorable John Bailey in Guilderland Town Court yesterday evening.
On the evening of December 14, 2012, Guilderland Police witnessed GERKE crossing over the fog line on the side of Johnston Road while in the Town of Guilderland. Guilderland Town Police proceeded to pull him over and smelled alcohol emanating from the vehicle. GERKE then failed a field sobriety test and was found to have a .12 % blood alcohol level after a Datamaster Breathalyzer test.
GERKE faces up to 1 year in local jail when sentenced on December 18, 2014.
Assistant District Attorney Stephanie Richter of the Vehicular Crimes Unit handled the prosecution of this case.