Lawyer for city's Deputy Mayor: Don't dismiss the diabetes factor with the DWI

Updated: 03/21/2014 5:16 PM
Created: 03/21/2014 3:32 PM WHEC.com
By: Berkeley Brean

New information tonight on the DWI charge against Rochester's deputy mayor. We now know who he was with before he was pulled over. 

Deputy Mayor Leonard Redon was charged with DWI and speeding late Wednesday night. Today, we talked with his lawyer and he said no one should dismiss one of the big factors in this case. 

Attorney Ed Fiandach says the deputy mayor was coming from a family event but wouldn't say where. City Hall says he was on his way home. Redon lives downtown near City Hall. 

Fiandach also says Redon's diabetes is a factor in the DWI because of the device used for his breath test. Fiandach says "a person who is diabetic may very well may be exhaling acetone. A little acetone can throw a breath test off the chart. (It is) a very real issue, a very real problem."

State Police say Redon blew a .13. 

At a news conference yesterday, City Hall Spokeswoman Chris Christipher said: all I can speak to is what I was told. It's that the newly diagnosed situation with the diabetes may have affected what the deputy mayor thought he could consume. Now he knows differently. 

Should he be driving?

Yesterday, we showed you video of Deputy Mayor Redon driving away in his car (the same car he was pulled over in). A number of viewers wondered how he could still be driving. 

For answers, we talked to attorney Kevin McKain, whose practice handles DWI cases. 

"Those suspensions to not take place immediately. Your license cannot be suspended or taken away from you by the court until arraignment," McKain said. 

Brean: So someone charged with DWI one night and driving the next day, perfectly legal?

Mckain: Not unusual. Perfectly legal.

Today Monroe County Democratic Party Chair Joe Morelle -- who knows the deputy mayor pretty well -- weighed in. 

"I certainly was surprised and it saddens me. Len is a friend. He is an incredibly talented individual," Morelle said. "Hopefully he'll work through this and then whatever decision the mayor has to make about his future as part of her administration, I'm sure she'll come to the right decision.

Len Redon offered his resignation to the mayor Thursday. The city says she did not accept it. Redon is taking personal days until a possible return to City Hall sometime next week. 

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