Attorney in felony DWI case cites his status as a former congressman

August 18th, 2009
By Leigh Hornbeck

BALLSTON SPA — If former U.S. Rep. John Sweeney wants to see flexibility in the law surrounding drunken driving cases, he should look for it during sentencing, not prosecution, Saratoga County District Attorney James Murphy said Monday.

Murphy’s comments came after Sweeney, who pleaded guilty in 2007 to alcohol-related driving charges, pleaded not guilty to felony DWI in county court on Monday. Sweeney’s lawyer, E. Stewart Jones, said Sweeney is being treated unfairly because of his status as a former congressman. He said a good justice system would consider individuals and not approach every case with a “broad brush.”

Murphy said he is prosecuting Sweeney regardless of “who he was, who he is or who he will be,” but how everyone charged with felony DWI is treated.

“We don’t plea bargain with repeat offenders. We’re asking for a plea to the charge. Flexibility is in the judge’s hands,” Murphy said. County Judge Jerry Scarano would have the option of sentencing Sweeney to probation or jail time if he pleads guilty or is convicted 24of the charge against him.

Sweeney, 54, refused to take a Breathalyzer or field sobriety tests when State Police pulled him over April 5 for allegedly driving 59 mph in a 40 mph zone on Route 9 in Clifton Park. If the case goes to trial, it will be the officers’ word against Sweeney’s about how impaired he was that night. If convicted, Sweeney could be sentenced to four years in prison.

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