Gardineer sentenced for DWI

BERNE — Travis Gardineer, who was found guilty of driving while intoxicated in Berne’s most recent jury trial, was sentenced on Oct. 14 to use an ignition interlock device for one year, without probation, and to pay fines and surcharges of $1,176.

In June, the jury found Gardineer guilty of three charges, including operating an uninspected and unregistered vehicle. They found him not guilty of the most serious charge, aggravated driving while intoxicated, deciding he was instead guilty of the lesser charge of driving while intoxicated.

The ignition interlock device must be installed in any car owned or driven by Gardineer. It requires him to give a breath sample in order to start the car.

On July 13, 2013, Gardineer, then 43, was driving a go-cart during a party at his friend’s house along Thacher Park Road. His friend, David Filkins, who testified during the trial and said he himself had drunk about eight beers, was in another go-cart, driving on his asphalt driveway behind Gardineer when Gardineer ended up in the road, bleeding under his vehicle.

Party goers moved the go-cart behind Filkins’s house before police arrived.

After visiting the hospital, Gardineer’s blood was tested, showing he had a blood-alcohol content of .19.

The district attorney’s office argued that, based on the tire marks and observations of the responding sheriff’s deputy, Gardineer had attempted to drive onto the road and then crashed the go-cart. The defense insisted there was no direct evidence and suggested Gardineer ended up on the road by veering onto the slippery grass lawn and losing control.

Gardineer did not testify during the trial. His attorney, Paul Dwyer, said Gardineer didn’t recall what happened.

— Marcello Iaia

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