Canandaigua supervisor 'fell down to the ground'

DWI hearing: Canandaigua supervisor 'fell down to the ground'

The officer who arrested Canandaigua Town Supervisor Lloyd Kinnear for driving while intoxicated testified in court this morning that when he arrived on the scene Sept. 5 he smelled alcohol on Kinnear’s breath and that when Kinnear got out of his vehicle he had trouble keeping his balance.

“He fell down to the ground and got back up,” said Ontario County Deputy Sheriff Stanley Sutton in state Supreme Court.

Kinnear was subsequently indicted on charges of felony DWI. Since Kinnear had an earlier DWI conviction within 10 years of his latest arrest, state law requires that he automatically be charged with a felony. If convicted, Kinnear would have to step down from his supervisor job.

Sutton described what happened about 11:30 p.m. Sept. 5 when he was called to the scene and found Kinnear’s Mazda off the road.

During a pretrial hearing about whether there was probable cause to make an arrest, Sutton told how Kinnear had slurred speech and how Kinnear was given various sobriety tests on the scene. 

“He swayed throughout (one) test,” Sutton said. 

Justice Thomas Van Strydonck found that there was probable cause for arrest.

The trial is slated for April 20.

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