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DWI case against Niagara Falls councilman to move outside the city

Ezra P. Scott Jr.

The driving while intoxicated case against Niagara Falls City Councilman Ezra P. Scott Jr. will move forward outside the city.

Scott was scheduled to be arraigned Monday morning in Niagara Falls City Court, but all three city judges recused themselves, said City Court Chief Clerk Maureen Hourihan. The arraignment did not take place and a Niagara County Court judge will reassign the case to another court, Hourihan said.

Scott crashed his car at about 4:50 a.m. Saturday at 323 Hyde Park Blvd., near the intersection of Hyde Park, Packard Road and Church Avenue, according to a city police report. He crashed into the side of a building, a carport, street sign, fence and a parked minivan, the report said.

Scott, 30, told officers at the scene he was coming from his Linwood Avenue home and had been "cruising around," the report said.

Scott initially got out of his car with his hands up, according to the report. He had the smell of alcohol on his breath and "initially appeared to stumble a few times and sway back and forth when asked to stand," had slurred speech and had to be asked several times to take out his driver's license, the officer wrote in the report.

Scott also did not tell police where he last consumed alcohol or how much he consumed, according to the report.

Because of the light snowy conditions and because he "had a hard time standing," police decided to have Scott perform field sobriety tests at Niagara Falls police headquarters on Main Street, the report said. He was placed under arrest and transported.

Scott failed several field sobriety tests, according to the police report.

Scott told officers he wanted his blood drawn and was taken to Niagara Falls Memorial Medical Center. The results of the blood tests to determine his blood-alcohol content were not immediately available.

In addition to the misdemeanor DWI charge, he was ticketed for imprudent speed and failing to stay in a driving lane.

Scott was the top vote-getter among four candidates in the 2015 council race.

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