Thruway driver pleads guilty to DWI

Roberto Livingston

GUILDERLAND — A Schenectady man pleaded guilty, in Albany County’s Supreme Court on Friday, to driving while intoxicated, in Guilderland, a felony.

Roberto Livingston, 40, was arrested on April 15, 2013, as he was driving on Interstate 90 in the town of Guilderland, when two New York State Troopers observed that he was traveling 25 miles per hour over the speed limit, according to a press release from District Attorney David Soares’s office.

The Troopers initiated a traffic stop, but Livingston continued to drive for several minutes before pulling over.

Once Livingston stopped, the Troopers saw signs of intoxication, including glassy eyes and impaired speech, and smelled alcohol on his breath, the release said.

Livingston failed several field sobriety tests and refused to submit to a chemical test while in police custody.

He pleaded guilty to one count of driving while intoxicated, a felony, before the Honorable Thomas A. Breslin on Thursday, Jan. 2, 2014. He faces one to three years in state prison, the installation of an Ignition Interlock Device for up to three years following his release, a $1,000 fine, and a license revocation.

Livingston will be sentenced on Feb. 20.

Assistant District Attorney Matthew Peluso of the Financial Crimes Unit is handling the prosecution of the case.

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Peter Kilmer failed multiple field sobriety tests, and was taken into custody, where he registered a blood alcohol content of .17, the release said.

Vincent Wolanin emphasized that he had already reduced the density of the complex from 248 units to 210 units, eliminated entry and exit points onto Johnston Road, and provided extra buffer space between the construction zones and neighboring houses.

“It’s important to remember that the traffic study was commissioned by, and for, the applicant,” said Bryan Clenahan, a county legislator who lives near the proposed luxury-apartment project, and opposes it. “It was also based on a prior plan and is therefore now irrelevant.”