Court Watch: Bail Imposed Despite Defense Argument that DWI Case Doesn’t Qualify under Reform Law

CENTRAL ISLIP, N.Y. — The accused appeared before Judge Jennifer A. Henry in Central Islip District Court on Thursday, nearly two months after missing a scheduled court date.

Despite facing misdemeanor charges for driving while intoxicated with an alcohol content above 0.08%, alongside other traffic infractions and no prior criminal history, Judge Henry immediately imposed bail—a decision sharply contested by temporary defense attorney Michael Ross.

Ross argued that the failure to appear was not willful evasion but the result of lacking access to personal transportation.

“He’s a lifelong resident, gainfully employed, with no history of parole or repeated missed court appearances,” the attorney told the court.

He insisted that under New York’s bail reform laws, a single missed court date does not automatically qualify someone for bail unless it reflects a persistent and willful failure to appear.

“Setting bail here contradicts the very spirit of the law, which seeks to limit unnecessary pretrial detention for low-level, nonviolent offenses,” the attorney said.

Judge Henry, however, emphasized that the delay of over a month in responding to the warrant was significant enough to warrant bail.

She proceeded to set bail at $2,000 cash, $4,000 insurance bond, or $20,000 partially secured surety bond.

The attorney immediately objected again, reiterating that the charges the accused faces were not bail-eligible under the law and requested that the client be placed instead in the Supervised Release Program, an alternative designed to reduce pretrial incarceration for eligible defendants.

The judge denied the request and held firm on her bail determination.

The accused faces five charges stemming from a May 2025 incident, including misdemeanor counts for operating a motor vehicle with a blood alcohol content of 0.08% or higher and driving while intoxicated, along with three related traffic infractions.

A chemical test reportedly showed a BAC of 0.12%.

After being formally arraigned and pleading not guilty to all charges, the accused was informed that his driver’s license was suspended pending prosecution—a standard administrative procedure in DWI cases.

Assistant District Attorney Rebecca Zerbo was prosecuting the case.

Defense attorney Kevin L. Mayo is now assigned to represent the accused.

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  • Juan Lasso

    Juan Lasso is a master’s candidate at the Craig Newmark Graduate School of Journalism, specializing in business, finance, and data reporting. He previously served as editor and lead reporter for the Valley Stream Herald, where he covered education, public health, and transportation. His work has investigated topics ranging from asylum-seeker housing in New York City to the policing of migrant vendors. Juan is eager to join The Vanguard to sharpen his court watch skills and better understand the court system’s daily workings.

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