Deputy Michael Phillips was assigned to the Sheriff’s Office STOP DWI Unit when he conducted a traffic stop about 4:35 p.m. July 15 on West Lake Road in the town for an alleged violation of the state Vehicle and Traffic Law.
During the stop, the deputy suspected that the operator of the vehicle, identified as Brian M. Wills, 31, was under the influence of alcohol. The deputy advised Wills to exit the vehicle for a DWI investigation and Wills refused to do so, the Sheriff’s Office said.
At the conclusion of the roadside investigation, Wills was taken into custody for DWI.
Wills was taken to the Sheriff’s Office in Geneseo where he was offered a Breathalyzer to determine his blood alcohol content. Wills refused to take the test, the Sheriff’s Office said.
A records check revealed that Wills had a previous conviction for DWI in January 2017, the Sheriff’s Office said.
Wills was charged with felony DWI and second-degree obstructing a governmental administration.
Wills was turned over to Central Booking deputies at Livingston County Jail for processing and pre-arraignment detention. The offenses did qualify for arraignment as the justice can invoke driving restrictions, though the justice cannot set bail under the state Justice Reform Act.
Wills was later arraigned at Livingston County Centralized Arraignment Part at Livingston County Jail before Town of Mount Morris Justice David Provo who released Wills on his own recognizance with a future court date.
The Livingston County Public Defender’s Office represented Wills at the arraignment. The Livingston County District Attorney’s Office was notified but did not appear at the arraignment.
Assisting on scene with the investigation for the Sheriff’s Office were Deputies Michael Donals, Ross Gerace and Caleb Nellis, and Sgt. Matthew Thomas.