Must Continue Treatment Program
New York Giants offensive lineman David Diehl, who crashed his vehicle in Astoria in June 2012, pled guilty to operating a motor vehicle while under the influence of alcohol, law enforcement sources said.
Diehl will be under court supervision for six months and must complete other court-imposed requirements prior to sentencing, according to Queens District Attorney Richard A. Brown.
Diehl, 32, of New Jersey, who was released on his own recognizance at the time of his arrest in June 2012, appeared on Monday, Feb. 11, before Queens Criminal Court Judge Suzanne Melendez and pleaded guilty as charged to one count of aggravated driving while under the influence and one count of driving while impaired.
Brown said that the plea is conditioned on Diehl continuing in the NFL substance abuse treatment program, that he wear a SCRAM (Secure Continuous Remote Alcohol Monitor) bracelet for 90 days, pay up to $1,200 in restitution to the owners of the two vehicles he damaged, participate in a Victim Impact Panel (an awareness program for first-time DWI offenders in which they hear from victims whose lives have been impacted by a drunk driver), and not drive or apply for a driver’s license between Monday and sentencing, which has not yet been scheduled.
Reportedly, Diehl is scheduled for the first of three compliance conferences on Apr. 19, with the other two occurring at two-month intervals. After six months, if Diehl has successfully complied with the sanctions and conditions imposed, then the aggravated DWI charge will be dismissed and he will be sentenced to a one-year conditional discharge on the driving while impaired charge.
Brown said, “Queens has a strict and very successful alternative sentencing program that emphasizes treatment and supervision of DUI offenders in order to prevent reoccurrences of unacceptable conduct. However, if the defendant, who is a first-time offender, fails to comply with all the requirements imposed by the Court, then we will seek more severe sanctions.”
According to the charges, Diehl was observed at approximately 8:20 p.m. on June 10, 2012, in the vicinity of 35th Street in Astoria, by a police officer from the 114th Precinct responding to the scene of a motor vehicle accident involving a 2011 BMW and two parked vehicles. Diehl was observed by the officer to have a strong odor of alcohol on his breath, bloodshot and watery eyes, slurred speech and to be unsteady on his feet.
Diehl admitted to police that he had been driving the BMW, which had damage on its front right side. Diehl further admitted that he had been at a bar watching a soccer game involving Croatia. An intoxilyzer test administered to Diehl resulted in a blood alcohol content reading of .182 percent-which is above the legal limit of .08 percent in New York.
Assistant District Attorney George J. Farrugia, a supervisor in the District Attorney’s Criminal Court Bureau, and Assistant District Attorney Courtney S. Charles prosecuted the case with the assistance of Douglas L. Knight, director of the District Attorney’s Alternative Sentencing Program.
Farrugia is under the supervision ofAssistant District Attorneys Joan I. Ritter, bureau chief of the District Attorney’s Criminal Court Bureau, and Kimberly A. Affronti and Floyd D. Herring, deputy bureau chiefs. Knight is under the supervision of Assistant District Attorneys Karen H. Rankin, chief of the District Attorney’s Narcotic Trials Bureau and Robert J. Ferino and Barry S. Weinrib, deputy bureau chiefs. Both are under the overall supervision of Senior Executive Assistant District Attorney for the Trial Division, James C. Quinn and Deputy Executive Assistant District Attorney for Robert J. Masters.