CANTON — An Ogdensburg man, who was set to be sentenced to probation Monday in St. Lawrence County Court for his guilty plea to aggravated driving while intoxicated, will have to wait after the judge ordered he be re-evaluated for substance abuse treatment.
Glendon M. Davison, 35, of 309 Grant St., had his five-year probation sentence adjourned to Nov. 18 when he tested positive for use of alcohol.
Mr. Davison pleaded guilty on March 6 in a plea deal that would have earned him straight probation if he successfully completed treatment between the time of his plea and sentencing.
On Aug. 1, 2018 in the city of Ogdensburg, Mr. Davison operated a motor vehicle while having a blood alcohol content of 0.15 percent and while a child 15 years old or less was in the vehicle. The deal also satisfied the remaining charges of two counts of DWI, a second aggravated DWI, and first-degree aggravated unlicensed operation.
Probation reported to the court that following a drug test where he tested positive for alcohol Monday morning, Mr. Davison asked if it was possible to test positive if he took cough syrup, denying any use.
Assistant District Attorney Joshua A. HaberkornHalm said this would be the second time Mr. Davison would be getting a break from the court, having previously been sent to treatment.
Mr. Davison’s attorney, Daniel C. Ramsey, Massena, said that while his client refutes any use, they were in no position to bargain and if the court decided to sentence Mr. Davison to any term of jail time, that it be weekends, as he is employed by United Helpers throughout the week.
County Judge Jerome J. Richards shook his head and said he believed that Mr. Davison tested positive because he relapsed and won’t admit it.
“You just don’t seem to want to comply with the rules ... The question this morning is, are you prepared to pay the consequences?” Judge Richards asked.
Mr. Davison then confessed to relapsing and said if he was sentenced to jail or prison, he would have to have his three children cared for by his mother.
“You have to come to a realization, Mr. Davison, otherwise your mother will be bringing your children to visit you in prison,” Judge Richards said. “DWI defendants don’t get out; they serve their full minimum, plus, because they are a danger.”
If Mr. Davison gets re-evaluated within the week and successfully completes probation, he will be sentenced to probation. If not, Judge Richards said he will go to prison.
He was released under probation supervisions electronic home monitoring.