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Apr 10, 2012 4:23 PMPublication: The East Hampton Press

DA: DePersia Violated Condition Of Her Probation

Apr 10, 2012 4:43 PM

A repeat DWI offender who avoided jail time in December for a 2010 accident that injured two people, including a pregnant woman, found herself in court again on Tuesday after she violated a condition of her probation by drinking alcohol.

Charlotte DePersia, 59, of East Hampton was remanded to the Suffolk County Jail in Riverside, where she is currently being held, according to the Suffolk County district attorney’s office. Ms. DePersia, who had to wear an ankle bracelet called a Secure Continuous Remote Alcohol Monitor, or SCRAM, at all times as part of her probation, drank two glasses of wine at Gurney’s Inn in Montauk on the evening of March 10, District Attorney Thomas Spota said in a prepared statement.

On the night in question, the device recorded Ms. DePersia’s blood-alcohol content at 0.039 percent, consistent with the consumption of two glasses of wine, officials said. Drivers can be charged with DWI if their BAC is 0.08 percent or greater.

On Tuesday, Ms. DePersia found herself standing before State Supreme Court Judge William Condon, the same judge who sentenced her to 840 hours of community service and five years of probation after she pleaded guilty to felony DWI late last year for her role in the 2010 accident in Bridgehampton. Last year, Judge Condon warned her that he would send her to prison if she violated any condition of her probation.

Assistant District Attorney Kate Wagner reminded Ms. DePersia of the judge’s comments during her court appearance on Tuesday.

“I understand,” Ms. DePersia said after listening to Ms. Wagner repeat the judge’s words from her December sentencing.

“One slip-up is one slip-up too many,” Judge Condon said on Tuesday before setting Ms. DePersia’s bail at $500,000 cash, or $1 million bond. “I was crystal clear. There was no margin for error. I took a chance on you, Ms. DePersia. Two glasses of wine is two too many.”

At her December sentencing, Judge Condon warned Ms. DePersia that, if she in any way violates the conditions of her probation, she would be sent to an upstate prison, where she will begin serving a term of 15 to 48 months—the sentence originally requested by Mr. Spota.

As of 3:30 p.m. on Tuesday, Ms. DePersia was still in the process of being transported to the holding facility and not yet given a chance to post bail or bond, officials said.

Ms. DePersia is scheduled to return to court on Tuesday, May 1, though she might not necessarily be sentenced at that time, according to the D.A.’s office.

In a prepared statement, Mr. Spota said he supported Judge Condon’s decision to set bail as high as he did. “She was given a tremendous break last December, considering she injured two innocent people in her most recent DWI episode, and not only was she driving drunk, she was drinking wine from a coffee cup as she was driving,” Mr. Spota said. “As the court said, in no uncertain terms, one slip-up is one too many.”

As part of her original plea deal, Ms. DePersia had to have interlock devices installed on all of her vehicles, follow strict alcohol and narcotics provisions, and had her driver’s license revoked for a year. She also paid a fine.

Since 2003, Ms. DePersia has been arrested three times for driving under the influence of alcohol, with the most recent incident taking place on November 27, 2010. She was arrested that night after she crossed the double-yellow line and crashed her Land Rover into another car on Montauk Highway in Bridgehampton that was carrying four people: Lindsay Soyka and Matthew Gluck, who split their time between East Quogue and Manhattan, and their friends Karyn and Mark Sholack. Ms. Sholack, who was pregnant at the time, suffered a broken rib, while Ms. Soyka broke her nose. Their husbands and the unborn baby were not injured in the accident.

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Time's up, Charlotte. Smokes or coin: how long will this fish last in jail....
By SisBoomBonacker (106), Hamptons on Apr 10, 12 5:11 PM
With luck you can take your fiddle into jail. And perhaps a mirror?

Best wishes.
By Nero (301), Sag Harbor on Apr 10, 12 5:24 PM
You dont know her at all, so keep your comments to yourself. I dont think you would look very good either after finding out news like that.
By vbxo1901 (2), east hampton on Apr 12, 12 9:11 PM
The comment about the mirror has nothing to do with the "mugshot".

I'm more than sure it is a mythology reference by Nero.
By Mr. Z (11847), North Sea on Apr 12, 12 9:17 PM
Charlotte still believes rules are for other people. All her husband's money may not be enough this time.
By EastEnd68 (888), Westhampton on Apr 10, 12 9:27 PM
2 members liked this comment
It's sad she didn't get the help she needed during this time. Sometimes, we need to learn lessons the hard way - maybe she will, thankfully, it won't be an innocent life.
By bchgrl83 (52), Westhampton Beach on Apr 11, 12 6:53 AM
So why are people like Lindsey Lohan still walking around. How many times has she violated her parole. They should be sharing a cell.
By razza5350 (1911), East Hampton on Apr 11, 12 8:58 AM
1 member liked this comment
In a weird way, I kind of feel bad for this lady. I know that she has an awful problem. Although she has this terrible addiction, she needs to keep the damage to herself. There is no excuse for this kind of behavior. It's a shame that alcohol can affect some people in life changing ways.
By Lets go mets (377), Southampton on Apr 11, 12 8:33 PM
1 member liked this comment
I agree, I also feel badly for her. Of course, as you said, that is no excuse for bad behavior.
By bb (922), Hampton Bays on Apr 12, 12 9:15 AM
The judge has egg on his face in this case, and rightfully so- The original sentence was WAY too lenient, and a travesty of the judicial system. I wonder what type of favors Ms. Depersia's lawyers have remaining in their bag of wealthy hamptonite tricks. If the resulting penalty turns into anything less than the original sentence requested by the prosecution, this judge should be run out of town.
By AlwaysLocal (292), southampton on Apr 11, 12 9:13 PM
1 member liked this comment
seriously, all of you need to stop with the rude remarks. If this happened to someone in your family NONE of you would be writing this. She is very close to me and i know her very well, as a matter of fact shes my aunt. So i suggest all of you STOP and keep your comments to yourself. Find something else to do with your day rather than trash talking other people.
By vbxo1901 (2), east hampton on Apr 12, 12 9:10 PM
Trash talk? Are you saying she didn't drink and drive, repeatedly? Are you saying that she wasn't in an accident while drunk, which injured other people? Did she not break the terms of her probation?

It is clear that your aunt has a problem and it is my sincere hope that she gets help and is able to overcome it.

None of the "facts" make this trash talk. It's a very sad situation.
By bb (922), Hampton Bays on Apr 16, 12 9:48 AM
vbxo1901, I am sorry you find this hurtful to hear but your Aunt is a danger to others, she is lucky she did'nt kill anyone in 2010 and even luckier with the sentence she was given, whatever comes her way is her fault. Maybe time behind bars will help clear her head and if not it will keep others on the roads safe
By jacks (70), hampton bays on Apr 13, 12 12:56 PM
2 members liked this comment
I agree the judge did give her an "out" with earlier sentence that seemed light considering a pregnant woman and others were badly injured. However, by requiring her to have those alcohol monitors, they did protect others and the guilty party from a similar fate. Perhaps her niece who is so outraged can take that energy to her aunt and to her aunt's family and demand that she seek professional help. Reading btwn the lines here, can sh afford her bail or bond? Then she can afford the psychiatric ...more
By Vikki K (490), Southampton on Apr 20, 12 2:00 PM