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Wilson man avoids state prison in felony DWI case

LOCKPORT – A Wilson man who pleaded guilty to a felony driving while intoxicated charge was sentenced Wednesday to five years’ probation, 16 weekends in jail and fines and fees totaling $1,605.

State Supreme Court Justice Richard C. Kloch Sr. could have sent David A. Milczarski, 32, of Wilson-Burt Road, to state prison for as long as four years, but decided against it, in part because Milczarski would have lost his job and that would have hurt his family. Milczarski was arrested April 4 in Wilson.

In another case before Kloch Wednesday, David U. MacLeod, 39, of Maple Drive, Bowmansville, was allowed to plead guilty to misdemeanor DWI for crashing his car into a light standard where the Robert Moses Parkway meets Interstate 190 in Niagara Falls March 14. Sentencing was set for Dec. 17.

Deputy District Attorney Theodore A. Brenner said he offered the plea because the blood alcohol reading was .10 percent, only .02 percent above the intoxication threshold. “Given the closeness of the reading, I thought a misdemeanor plea was appropriate as a compromise,” Brenner told the judge.