A Buffalo narcotics detective was arrested for driving while intoxicated on Monday, February 5. According to WIVB, BPD Detective Mark Locicero was operating his unmarked city vehicle in the parking lot of the Wegmans on Transit Road in Cheektowaga. Criminal defense attorney Barry Covert spoke to WIVB about the charge and what potential penalties could be. The full story is available by watching the video below and on the WIVB website.
DWI misdemeanor penalties
WIVB reports that Detective Locicero hit another car in the Wegmans parking lot at approximately 12:30am overnight on Monday, February 5. This is his second arrest for drunk driving but, because his first DWI happened over 10 years ago, this charge is a misdemeanor.
Mr. Covert told WIVB that Detective Locicero is “presumed innocent until proven guilty or he takes a plea.” He explained that the misdemeanor charge is “punishable by up to one year incarceration. It’s also a one-year revocation of his license.”
Mr. Covert went on to say that, despite Detective Locicero’s prior DWI charge, “as a police officer with a good background […] he’s really not looking at the possibility of incarceration.”
As of Wednesday, February 7, Detective Locicero was suspended without pay. WIVB reports that an internal investigation is ongoing and that Locicero will appear in court on February 20.
About Barry N. Covert
Mr. Covert is a senior partner in Lipsitz Green Scime Cambria’s Criminal Defense Trials and Appeals Practice Area. He is known for his aggressive representation of clients in the areas of New York State and federal criminal trials and appeals; driving while intoxicated; constitutional law, including First Amendment, civil rights actions, and federal False Claims Act; defending against allegations of scientific misconduct and fraud, research misconduct and fraud, plagiarism, and fabrication of evidence; and professional licensing defense. Mr. Covert frequently provides legal analysis for WGRZ and other media outlets.