Moxley guilty of driving while impaired
Councilman receives suspended sentence, two years' probation
By Bryan P. Sears
bsears@patuxent.com
Posted 9/02/09
Baltimore County councilman Sam Moxley was found guilty in a Baltimore City court Wednesday of one count of driving while impaired by alcohol. He was given a suspended 60-day sentence and two years of monitored probation under the state’s Drunk Driver Monitor Program.
Moxley, 50, a fourth-term Democrat representing the 1st District, which includes Catonsville, Arbutus, Halethorpe and Relay, had been involved in a four-car accident at West Franklin Street at North Pulaski Street in Baltimore around 1:20 a.m. July 24.
A city police spokesman said officers who responded to the scene found Moxley “swaying as he walked near his vehicle.” He was asked to perform a field sobriety test, which he failed, the spokesman said.
Judge H. Gary Bass, of Baltimore City District Court, also ordered that Moxley’s car be equipped with a steering wheel interlock device, a mobile breathalyzer that requires the driver to blow into a tube to prove he is not intoxicated before starting his vehicle and at random times while on the road.
Moxley was also ordered to do 85 hours of community service in Baltimore.
The councilman told Bass that he had the interlock device installed on his car Aug. 21 and has been using it since.
He had been charged with three counts of driving under the influence of alcohol and one count of failure to reduce speed to avoid an accident.
Those charges were dropped and he was convicted on the single, lesser charge after his attorney, Richard Karceski, asked Bass for the reduction.
Prosecutors had sought a 60-day sentence, with 50 days suspended.
Assistant state’s attorney John Mitchell, noting this was Moxley’s second arrest for driving under the influence, asked in court, “How many bites at the apple will he get before he goes to jail?”
Bass did not directly respond to the prosecutor’s question.
Moxley acknowledged in court that he is an alcoholic.
He told the judge that he now sees his disease as if he were playing Russian roulette.
“When that bullet is in the chamber and it fires, it’s deadly.” Moxley said he was thankful that no one was more seriously hurt in the two incidents.
After the court session, the councilman said, “I’ve got a problem. I am an alcoholic.
“I’m powerless over alcohol.”
In court and afterward, he apologized to his family, friends, constituents and the people involved in the July accident.
After the accident, the councilman was taken into custody and transported to a city police station, where he refused to take a breathalyzer test. Moxley was then taken to the department’s Central Booking, where he was processed and charged.
According to the charging documents, Moxley was driving a 2007 Toyota Highlander and rear-ended the vehicle in front of him, which was stopped at a red traffic signal. That vehicle was pushed into the rear of a third vehicle, which in turn was pushed into the rear of a fourth, according to police.
One person involved in the accident was taken to St. Agnes Hospital for medical treatment and later released. There were no other reported injuries.
Police said Moxley told officers he had consumed sangria while out with friends.
Moxley was also arrested June 4, 2005, after sideswiping a Honda CRV on the shoulder of the Baltimore Beltway near the Wilkens Avenue exit. Moxley was driving a county-owned Chevrolet Trailblazer assigned to him. The driver of the Honda was changing a tire when his vehicle was sideswiped.
At the time, Moxley told police he had “about four” glasses of wine earlier that night at a restaurant in Baltimore’s Little Italy.
Three months later, Moxley was given probation before judgment and one year of supervised probation. He was also ordered to pay $150 in court fees and ordered to participate in a drunken-driving monitoring program.
Moxley’s driver’s license was also suspended for one year.
user comments (3)
user daniampieri says...
Although I think it is reasonable to expect that those who make the law will obey the law, it is time for Coucilman Moxley to stop the distracting personal drama and get to work for the people of Catonsville if he is going serve the remainder of his term. We are tired of hearing all the silly gossip about his personal life.
We don't have term limits for Baltimore County Councilman, but hopefully Councilman Moxley will use some common sense and good judgment and not seek re-election!
Posted 1:12 PM, 09.02.09
user augieboy says...
It is likely, regardless of what he may say now that he will in fact resign...not sure that there is another path he can consider. (My opinion) I can finally halt my rants, as I was certain that todays court appearance would have ended in a continuance or something of the like. (I am not a Lawyer, nor did I go to Harvard, ;) ) anyway, one can only hope that Sam gets the help he needs and since it's "sounds" like he has acknowledged that he in fact has a problem, he can finally address it.
Good Luck Sam...
Now, who will fill the vacany, now? and in the future?
Now, who knows?
Future: Steve Whisler!
Posted 7:51 PM, 09.02.09
user mdyoung216 says...
I wonder if his wrist hurts from that slap.
Posted 8:40 PM, 09.02.09