Man accused of DUI4 to avoid incarceration
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STAFF REPORT - Published: November 10, 2009
BENNINGTON – A plea agreement for a 75-year-old client accused of his fourth charge of driving under the influence is likely to be the last appearance in Bennington District Court as a private attorney for David Fenster.
On Nov. 17, Fenster will be sworn in as the Addison County state's attorney. Fenster is succeeding John Quinn, who retired in September.
Fenster said on Friday while he was wrapping up some things at the Bennington law firm, Barr, Sternberg, Moss, Lawrence, Silver & Fenster PC, he expected his next appearance in a courtroom to be on behalf of the state of Vermont.
Fenster's client, Robert M. Stair, 75, of Bennington, pleaded guilty in Bennington District Court on Friday to a felony charge of driving under the influence of alcohol with two or more previous convictions for the same offense.
Stair was sentenced to one to three years in prison, but all the time was suspended except for 22 days he spent in an in-patient alcohol treatment program. Stair is being placed on probation and will not be allowed to own, possess or consume alcohol.
Fenster said he had told Stair he may never get his driver's license again.
In an affidavit, police said Stair was seen driving on Grandview Street on Aug. 3. Stair's blood alcohol level was measured at 0.213, almost three times the legal limit of 0.08 percent in Vermont.
Stair's previous convictions were in October 2005, August 2007 and August 2008.
Judge David Suntag warned Stair that violating his probation would most likely result in prison time.
"Somebody who has had the number of convictions you've had almost always goes to jail. (The lawyers have) worked out, for a lot of reasons that seem appropriate to me that you not, but that won't happen again. I have to tell you if you drive a car under the influence and violate your probation, we don't have any options. We will be putting you in jail," he said.
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