Conviction rate of DWI defendants facing Judge John DeMarco consistent with
other Courts in Monroe County
Of the more than 10,000 combined felony and misdemeanor penal law cases Judge
John DeMarco adjudicated between 2005 and 2009, approximately 193 were for alcohol-
related driving offenses.
Based on additional data provided by the New York State Department of Motor
Vehicles, the DWI defendants who faced Judge DeMarco were convicted at a rate that is
consistent with other Courts in Monroe County.
Judge DeMarco is a four-party candidate for election to Monroe County Court,
having received the endorsement of the Republican and Conservative committees, and
having recently won the Independence and Working Families Party primaries.
Judge DeMarco has received the highest rating of “Qualified” by the Independent
Judicial Election Qualification Commission, and has twice received the rating of
“Qualified” by both the Monroe County Bar Association and the Monroe County
Women’s Bar Association. He also received a “Highly Qualified” rating from the
Rochester Black Bar Association.
In addition Judge DeMarco has been endorsed by the Monroe County Deputy Sheriff’s
Association in his bid for election to Monroe County Court.
Here are the facts on Judge DeMarco’s Record:
o Over the past five years serving as Irondequoit Town Justice, the DWI conviction rate
of defendants facing Judge DeMarco was nearly nine out of ten – 89%. During that time,
170 of these cases resulted in a conviction. Just 23 cases were dismissed for a variety of
reasons, including lack of evidence, missing documents, and failure by the State’s
witnesses to appear.
o Over a three-year period between 2005 and 2007 – the most recent NYSDMV statistics
available – the conviction rate for DWI-related cases in Monroe County stood between
approximately 90.2 and 86.2%, including those cases settled for a lesser offense.
“We stand behind Judge DeMarco’s record as firm and fair. The DMV statistics support
the fact that Judge DeMarco has been as tough on DWI offenders as judges across
Monroe County,” said Bill Reilich, Chairman of the Monroe County Republican
Committee. “I’m surprised that Brian McCarthy would condone an ad that distorted
Judge DeMarco’s decision and use it as a cheap scare tactic for his own political gain.”
Monroe County appears to have a long history of being tough on DWI offenders. Of the
62 counties in the state, Monroe County in 2006 ranked ninth in terms of its arrest to
conviction ratio for DWI defendants, the DMV reports.