Riverhead elementary school teacher Joe Johnson was sentenced today to three years probation on a 2012 charge of driving while intoxicated.
Johnson, 40, pleaded guilty to the DWI charge in November, at which time prosecutors withdrew two felony weapons charges because prosecutors couldn’t prove a search of Johnson’s car following his arrest was legal.
Johnson made no statement before Suffolk County Criminal Court Judge James Hudson announced his sentence.
The fourth-grade teacher at Phillips Avenue Elementary School was stopped by Southampton Village Police at 3:35 a.m. on April 21, 2012 after police observed him talking on a cell phone while driving erratically on Hill Street in Southampton. Police determined that Johnson was intoxicated and driving with a suspended license, according to a police report.
Police said they found a loaded .45 caliber pistol in Johnson’s vehicle during a routine police inventory of the car’s contents,
“After a review of the facts and circumstances of the arrest, and an analysis of applicable law relating to the police officer’s post-arrest search of the car and consequential discovery of the gun, the district attorney’s office determined it could not sustain the burden of proof necessary to establish the legality of the search,” Suffolk D.A. Thomas Spota’s office said in a press release in November.
Hudson said Johnson would have to pay a $395 surcharge and have his license suspended for six months, granting him a 20-day stay on that restriction. Once he can drive again, Johnson’s car will have to be equipped with an ignition interlock device he will have to blow into before the vehicle will start.
Hudson said Johnson will be required to abide by the general conditions of his probation prohibiting use of alcohol and narcotic drugs, as well as participating in any counseling or other terms deemed appropriate.
Johnson was also sentenced to time served for the night he spent in custody following his arrest.
“Good luck to you, Mr. Johnson,” Hudson said.
Johnson declined comment outside the courtroom following the proceeding.
Superintendent Nancy Carney issued the following statement: “A process, separate and distinct from the criminal court proceedings, has been initiated by the district against Mr. Johnson. Mr. Johnson will remain on administrative reassignment pending the outcome of the administrative proceedings.”
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