Share this article

print logo

Angola man gets three months in jail for fifth DWI conviction

A fifth drunken driving conviction led Monday to three months in jail followed by five years’ probation for an Angola man.

State Supreme Court Justice Russell P. Buscaglia ordered the jail time and probation for David A. Rubeck II, 42, of Herr Road, who pleaded guilty last summer to felony driving while intoxicated.

Rubeck was arrested Jan. 31, 2014 after he drove his vehicle into a pole on Gowanda State Road in North Collins, according to prosecutors.

As off-duty corrections officers approached the wreckage, Rubeck fled on foot, saying he needed to relieve himself and search for his wife.

He was arrested about an hour later near Seneca Road after Erie County sheriff’s deputies followed his footprints in the snow from the crash scene for about a mile.

He told deputies his friend had been behind the wheel and must have evaded capture, prosecutors said. He failed several sobriety tests and was charged with DWI and driving with a revoked license.