I'm working from home so I don't have the NY Penal Code in front of me, but examples of Class B Misdemeanor could include low level drug possession (excluding reefer, which is a mere violation for possessing 28 grams or less),petty theft (i.e. shoplifting), criminal solicitation (i.e., are you a ho?), unlicensed and/or uninsured operation of a motor vehicle (i.e., license lapsed or previously revoked or suspended for some other violation). In all likelihood, he was not charged with DWI, because that is a simple misdomeanor or felony depending upon prior DWI's within the previous 10 years.
In all fairness, however, the article indicates that he was charged, not convicted. SOP for defense lawyers is to ask the court to seal the record if the charges are dismissed or dropped, particularly if prosecutorial error is an issue.
re your comment about arrest but no conviction.. agree. But in this area we (probably not unique in this)do have a a history of high profile public types being arrested and not convicted.
Of most recent memory was the arrest of a Schenectady city councilman arrested in a motel with a prostitute... charges dropped and local news covered him and his Dim pals hugging in slobbering support on the city hall steps. A la the visions of his impeached president in power at the time. Yuk
Maybe A.A.R.D. in which a misdemeaner wouldn't go on the person's record if they don't have a prior...goes for DWI's too. I don't if NY has that program though.
In all fairness, just because the case was dismissed doesn't mean he wasn't guilty of whatever he was charged with.
For all we know, Ritter could have scared the living hell out of the prosecutor and judge. He sure scares me to death.
But not a case of mistaken identity, as Ritter claimed. The charge would've been dismissed outright and the record sealed. This wasn't. The case was left open in what we call in Wisconsin a deferred prosecution agreement (meaning that if Scottie was a good boy for the duration of the agreement, the charges are dismissed and the record sealed). And surely the ADA would've and should've told her boss about who had been arrested and charged. It sounds like a sweetheart deal between the prosecutor and Ritter's attorney, and for some reason, neither thought that the feces would hit the rotating impeller at anytime in the future.
How often do you hear of a DA firing an ADA with 15 years experience? Discipline, a short suspension, sure. But outright "we've cleaned out your desk and get the hell out of here" canning?
I think this isn't the full story. I also have this feeling that when the national press gets ahold of this--and they will--it isn't going to be pretty for Mr. Ritter. And that's a good thing.