Dean Tuszynski has 8 prior DWI convictions.
Dean S. Tuszynski, right, was denied bail this morning. Tuszynski, who has been convicted eight times of driving while intoxicated, is facing another DWI charge. He is with his attorney, William Balduf. Syracuse, NY - An Onondaga County man with eight prior DWI convictions will remain in jail without bail pending the outcome of a new DWI case, a judge decided this morning.
"If I could say 'No bail times two' I would," Onondaga County Judge Anthony Aloi said. The judge said there was no way he would allow Dean S. Tuszynski to be released given the allegations he was back drinking and driving.
Tuszynski, 51, was arrested again Sept. 1 in the village of Liverpool and charged with driving while intoxicated and leaving the scene of a fender-bender crash that occurred moments earlier at the exit from Route 690 to John Glenn Boulevard in Van Buren.
Tuszynski had been released from state prison July 15 after serving the end of a sentence from a 2005 DWI case that had been interrupted by a successful appeal.
Aloi this morning again used the Tuszynski case to urge state lawmakers to increase the penalties for repeat drunken-driving offenders in New York.
The judge also told Tuszynski he was considering use of the state's persistent felony offender law that could open the door to a sentence of at least 15 years to life in prison for the defendant if convicted.
Aloi previously refused to consider a persistent felony classification for Tuszynski to the dissatisfaction of the District Attorney's Office.
While the Second Circuit Court of Appeals in New York earlier this year struck down that statute as unconstitutional, Aloi noted the state's highest court - the Court of Appeals in Albany - has concluded the statute is valid. Given that, Aloi said he would consider it if Senior Assistant District Attorney Christopher Bednarski seeks to prosecute Tuszynski as a persistent felon.
"It may be appropriate in this case and cases like this," Aloi said of the state's version of a three-strikes law.
Tuszynski initially had bail set at $100,000 cash or bond when he was arrested in Liverpool. But the court later changed that to no bail because of Tuszynski's prior record.
Defense lawyer William Balduf today asked Aloi to set bail at $10,000 cash or bond so Tuszynski could be freed. Balduf said Tuszynski's mother is very ill and he needs to get out of jail to care for her.
Aloi quickly refused, noting the new case involves allegations that Tuszynski clearly was driving without a license. While Tuszynski also is charged with DWI, he refused to take a breath test so authorities do not have a blood-alcohol content upon which to base the charge.
"I'm not going to risk releasing this gentleman and having him continue to operate a motor vehicle under any circumstances," Aloi said.
The judge made his decision before even consulting with Bednarski for the prosecutor's position.
"You took the words out of my mouth, judge," Bednarski said when given an opportunity to make his argument on bail.
"At some point, enough's enough," Aloi said, although he noted Tuszynski is innocent until proven guilty.
Tuszynski was last before Aloi in June when he was sentenced to serve 1 1/3 to four years in prison for a pair of DWI charges from a pair of fender-bender crashes moments apart in October 2005.
Tuszynski had originally accepted a plea deal calling for a sentence of 2 2/3 to eight years in prison, but a state appeals court ruled that sentence illegal two years ago.
Tuszynski pleaded guilty again in that case and owed very little additional jail time after Aloi sentenced him June 8 because he had served more than four years before the appellate court overturned the original conviction and sentence.
After court, Balduf said he would reserve comment until having more of a chance to review the new case.
But Bednarski said he was very satisfied at both the judge's decision to hold Tuszynski in custody with no bail and his apparent openness to a persistent felony proseuction.
"Anybody with that many DWIs needs to be taken off the streets," Bednarski said.