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Okay, with the sheriff's court date tomorrow more info is coming out! His BAC was 3 times the legal limit(.08) at .24%!

From the Democrat and Chronicle (Rochesters local paper)

DA: Deputy’s blood alcohol was 3X legal limit

Victoria E. Freile
Staff writer

(September 25, 2006) — The off-duty Monroe County Sheriff’s deputy accused of driving drunk and killing a Greece man, likely had a blood-alcohol content three times the legal limit, officials from the Monroe County District Attorney’s Office said today.

Kristin Splain, DWI bureau chief for the District Attorney’s Office, today confirmed that veteran deputy James R. Telban, Jr., 44, of Greece, was driving on Sept. 6 with a blood-alcohol content of .24 percent, the result of the deputy’s preliminary test.

According to state law, the legal threshold for driving while intoxicated is a blood-alcohol content of .08 percent.

Over the weekend, he was charged with driving while intoxicated with a blood-alcohol content of .08 percent or more, a misdemeanor, she said. He was already facing one misdemeanor drunk driving charge from the Sept. 6 incident.

That night, Telban pulled his pickup in front of Peter Volkmuth, 27, of Greece, who was riding his motorcycle west on West Ridge Road in Parma, Helfer said. Volkmuth struck the driver’s side of the pickup and died at the scene.

Volkmuth is survived by his wife, Shannon, and the couple’s four-year-old son Collin.

Volkmuth was on his way to work – he was a machine operator for Birds Eye Foods Inc. – at the time of the accident, according to his wife. Peter and Shannon Volkmuth were high school sweethearts and were married for three-and-a-half years.

“He was a wonderful man and will be very missed,” she said.

Telban, a 19-year-veteran with the sheriff’s office, was charged with driving while intoxicated and was suspended from his duties without pay.

“If an officer is involved in any wrong-doing, there’s always an internal investigation,” said Sheriff’s spokesman Cpl. John Helfer. Specific circumstances of each crime then determine whether a sheriff’s deputy is suspended, with or without pay, he said.

In this case, Telban is the subject of criminal and internal investigations led by the Monroe County District Attorney’s Office and the Sheriff’s Office.

Both investigations are under way and are expected to be completed within the next few weeks, Splain said. Once finished, she said, the case will be presented to a grand jury to determine whether Telban will face additional charges.

Telban is expected to be arraigned on both DWI charges tomorrow in Parma Town Court.

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