The Grand Jury of the County of Genesee, by this Indictment, accuses the defendant, Carlton A. Gillard, of the crime of Aggravated Driving While Intoxicated, PER SE, a Misdemeanor, contrary to Vehicle and Traffic Law Section 1192-26, in that the said Carlton A. Gillard, on or about the 14th day of April, 2023, in the Village of Corfu, County of Genesee, State of New York, did operate a motor vehicle, to wit: a 2013 Nissan Frontier, bearing Tennessee State License Plate No.—–, on New York State Route 33, a public highway, while he, the said Carlton A. Gillard, had .18 of one per centum or more by weight of alcohol in his blood, as shown by a chemical analysis of his breath made pursuant to the provisions of Section 1194 of the Vehicle and Traffic Law.
COUNT TWO:
And The Grand Jury Aforesaid, by this Indictment, further accuses the defendant, Carlton A. Gillard, of the crime of Aggravated Driving While Intoxicated, PER SE, as a class E felony, contrary to Vehicle and Traffic Law Sections 1192(2) and in that he, the said Carlton A. Gillard, on or about the 14th day of April, 2023, in the Village of Corfu, County of Genesee, State of New York, did operate a motor vehicle, to wit: a 2013 Nissan Frontier, bearing Tennessee State License Plate No. —–, on New
York State Route 33, a public highway, while he, the said Carlton A. Gillard, had .08 of one per centum or more by weight of alcohol in his blood, as shown by a chemical analysis of his breath made pursuant to the provisions of Section 1194 of the Vehicle and Traffic Law and while a child fifteen years of age or less was a passenger in such motor vehicle.
COUNT THREE
And The Grand Jury Aforesaid, by this Indictment, further accuses the defendant, Carlton A. Gillard, of the crime of Aggravated Driving While Intoxicated, PER SE, as a class E felony, contrary to Vehicle and Traffic Law Sections 1192(2) and 1192(2-a)(b), in that he, the said Carlton A. Gillard, on or about the 14th day of April, 2023, in the Village of Corfu, County of Genesee, State of New York, did operate a motor vehicle, to wit: a 2013 Nissan Frontier, bearing Tennessee State License Plate No. —–, on New York State Route 33, a public highway, while he, the said Carlton A. Gillard, had .08 of one per centum or more by weight of alcohol in his blood, as shown by a chemical analysis of his breath made pursuant to the provisions of Section 1194 of the Vehicle and Traffic Law and while a second child fifteen years of age or less was a passenger in such motor vehicle.
COUNT FOUR:
And The Grand Jury Aforesaid, by this Indictment, further accuses the defendant, Carlton A. Gillard, of the crime of Aggravated Driving While Intoxicated, as a Class E Felony, contrary to Vehicle and Traffic Law Sections 1192-3 and 1192-2a(b), in that he, the said Carlton A. Gillard, on
or about the 14th day of April, 2023, in the Village of Corfu, County of Genesee, State of New York, did operate a motor vehicle, to wit: a 2013 Nissan Frontier, bearing Tennessee State License Plate No. —–, on New York State Route 33, a public highway, while the said Carlton A. Gillard, was in an intoxicated
condition and while a child fifteen years of age or less was a passenger in such motor vehicle.
COUNT FIVE:
And The Grand Jury Aforesaid, by this Indictment, further accuses the Defendant, Carlton A. Gillard, of the crime of Aggravated Driving While Intoxicated, as a Class E Felony, contrary to Vehicle and Traffic Law Sections 1192-3 and 1192-2a(b), in that he, the said Carlton A. Gillard, on
or about the 14th day of April, 2023, in the Village of Corfu, County of Genesee, State of New York, did operate a motor vehicle, to wit: a 2013 Nissan Frontier, bearing Tennessee State License Plate No. —–, on New York State Route 33, a public highway, while the said Carlton A. Gillard, was in an intoxicated
condition and while a second child fifteen years of age or less was a passenger in such motor vehicle.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is
presumed innocent until and unless proven guilty