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May 23, 2012 9:36 AMPublication: The Southampton Press

DePersia's Attorney Quiet About Defense

May 23, 2012 9:53 AM

With less than two weeks to go until a June 5 probation violation hearing, the attorney for repeat DWI offender Charlotte DePersia, who has already avoided jail time for a 2010 car crash that injured two other people, including a pregnant woman, is remaining quiet about his defense.

“The proposed sentence for this alleged violation, one to three years in prison, is excessive for her alleged violation, if it is to be believed,” Ms. DePersia’s attorney Tad Scharfenberg, who has offices in East Hampton and Bohemia, said this week. “At this point in time, I’m not in a position to discuss our exact defense.”

Ms. DePersia allegedly violated her probation by drinking two glasses of wine on March 10, when an alcohol-detecting ankle bracelet called a Secure Continuous Remote Alcohol Monitor, or SCRAM, measured her blood-alcohol content at 0.039 percent, a figure consistent with the consumption of two glasses of wine, officials said. Her probation included a condition that she not consume any alcohol.

State Supreme Court Justice William Condon scheduled the hearing at the defendant’s request last Tuesday after Ms. DePersia declined to enter an admission of guilt on the alleged violation.

She was released from the Suffolk County Jail in Riverside last Wednesday, May 16, after posting $500,000 cash bail, according to the Suffolk County Sheriff’s office.

The Suffolk County district attorney’s office had previously announced that it would recommend the maximum sentence of 16 months to four years of imprisonment at a sentencing that Tuesday.

Ms. DePersia’s most recent DWI incident was on November 27, 2010, while she was on probation for a 2009 DWI. 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, one 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 Scholack. Ms. Scholack, 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.

The victims expressed disappointment last week that Ms. DePersia was not sentenced to prison, as had been expected.

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