Assistant DA pleads guilty to drunken driving
9/15/09 | 30 comments

Assistant DA pleads guilty to drunken driving


By Walter Griffin
BDN Staff
Brendan Trainor

BELFAST, Maine — Penobscot County Assistant District Attorney Brendan Trainor pleaded guilty to drunken driving in 5th District Court on Tuesday and received a three-day jail sentence to an alternative program.

Trainor, who was represented by Bangor attorney Marvin Glazier, replied “plead guilty” when Judge Patricia Worth asked him how he intended to respond to the charge.

Worth then sentenced Trainor to 72 hours in jail reduced to 48 hours to be served at the Sagadahoc County Alternative Sentencing Program, a $550 fine and 90-day loss of license. The alternative program will begin Oct. 9.

To enable Trainor to drive home to Hampden, Judge Worth stayed the suspension of his license until noon.

The sentence was worked out in advance under a plea agreement, Waldo County Deputy District Attorney Eric Walker informed the court. The alternative program allows first-time offenders to serve their time over the weekend at schools or armories where they perform public service work and attend talks on alcohol abuse and driving while under the influence.

“He was technically sentenced to three days but it can be satisfied with two days in the alternative program, where participants receive one day credit for two days in the program,” Walker said later. “What I want to stress is that he was treated like anyone else. He didn’t get anything more or anything less than an ordinary citizen would receive.”

Trainor, 33, of Hampden was arrested on a charge of operating while under the influence of intoxicants at 1:45 a.m. Aug. 27 by Hampden police and booked at the Penobscot County Jail. His blood alcohol level at the time of his arrest was 0.21, more than twice the legal limit of 0.08.

Under state sentencing guidelines a first-time offender with a blood alcohol limit of 0.14 or higher must serve a minimum of 48 hours in jail or an alternative program, $500 fine and 90-day suspension.

Trainor has worked for the district attorney’s office for three years and had no prior criminal history. Penobscot County District Attorney Christopher Almy said Tuesday that Trainor was suspended without pay on Sept. 8 and will remain suspended without pay until Oct. 6, at which time he will return back to work.

The case was transferred from Penobscot County to 5th District Court in Belfast to avoid any possible conflict of interest.

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Comments
30 comments on this item
On 9/15/09 at 1:49 PM, BeavisJSmithThe3rd wrote:         Repeated separate thumbs down will cause comment to be hidden

He looks sober to me.........Pleeeeeeeeeeeeeeeeeeeeez

Nothing like throwing the book at him!Geez what a joke.They would have lined up Beavis J.Smith The 3rd Of Scotland for the firing squad!!!!!!!

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On 9/15/09 at 1:56 PM, bottled_goodness wrote:         Repeated separate thumbs down will cause comment to be hidden

one phrase ...

:)

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On 9/15/09 at 1:57 PM, theinfoman wrote:         Repeated separate thumbs down will cause comment to be hidden

he pleads guilty. Hope he learns but more importantly we hope that he is treated in his sentence as if he was anybody else. I hope you recover from this and do good to make up for it.

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On 9/15/09 at 1:58 PM, bottled_goodness wrote:         Repeated separate thumbs down will cause comment to be hidden

not treated special?

when I had my OUI i had to forfeit my license by mail and when I went before a judge they did not let me leave until I told them that I had sent it in.

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On 9/15/09 at 1:59 PM, Betterdays wrote:         Repeated separate thumbs down will cause comment to be hidden

A lot of us make bad choices from time to time. He's paying for his like any of the rest of us would. I don't feel sorry for him, but I don't wish him any more harm simply because of the job he has. He just needs to not make anymore bad choices and I think he'll be fine.

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On 9/15/09 at 2:01 PM, BeavisJSmithThe3rd wrote:         Repeated separate thumbs down will cause comment to be hidden

treated like everyone else????????Are you kidding me?????????

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On 9/15/09 at 2:13 PM, outlaw wrote:         Repeated separate thumbs down will cause comment to be hidden

yeah right drive home then ill take your licience..but at least he did get time,cool.peace

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On 9/15/09 at 2:25 PM, anonon wrote:         Repeated separate thumbs down will cause comment to be hidden

I'm glad to see that the laws for DUI /OUI have gotten more lenient.

When I got OUI there was no alternative program for first time offenders and for being double over the limit meant that it was a criminal OUI and you got a stiffer sentence,,, glad to see that they have lightened up on the law somewhat. What a joke. Depends on who you are,what your name is and what you know as to how you are treated,everybody knows that. just because we live in Maine don't mean that we live so far out in the woods that we don't know what goes on,what takes place,or what the outcome will be in certain situations.

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On 9/15/09 at 2:34 PM, olmainer wrote:         Repeated separate thumbs down will cause comment to be hidden

oui is a criminal offense last i knew ,,,,,,,,,and hes returning to law enforment ?????wow ,glad he was treated diffrently lol

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On 9/15/09 at 3:16 PM, whaleback wrote:         Repeated separate thumbs down will cause comment to be hidden

Talk about special treatment......gee saws, the only thing missing is some sort of citizen of the year award. WHAT a joke!!

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On 9/15/09 at 3:25 PM, knead24u wrote:         Repeated separate thumbs down will cause comment to be hidden

I want that judge when I do something wrong and illegal. What was the judge's name again, please?

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On 9/15/09 at 4:04 PM, pcme2000 wrote:         Repeated separate thumbs down will cause comment to be hidden

Now how can he prosecute and drunk driving cases when he returns to work?

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On 9/15/09 at 4:38 PM, classof66 wrote:         Repeated separate thumbs down will cause comment to be hidden

DUI/OWI is nothing but a cash cow in this country....the state, the county, lawyers count on repeat offenders...we have refused to address the real problem in this nation, ALCOHOL.. so not to worry if Mr Trainor fails to address that problem himself..he'll be back...let's just hope he doesn't kill anyone in the process...it's not the use of alcohol that is a problem, it's the abuse ..yet we continue to encourage its use...in fact we applaud it..."a right of passage" I can't remember if it's Denmark or Sweden you drive there once while intoxicated, and you lose your license forever...and their BAC level is 0.0...

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On 9/15/09 at 4:40 PM, redsoxnation wrote:         Repeated separate thumbs down will cause comment to be hidden

That deal with the ride to Hampden stinks. That is special treatment. Call a cab or call your buddies that you were getting hammered with for a ride.

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On 9/15/09 at 4:42 PM, downeastlaw wrote:         Repeated separate thumbs down will cause comment to be hidden

This man got exactly what any other citizen with a clean record would have gotten for this crime. No judge has the power to terminate his employment.

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On 9/15/09 at 4:56 PM, JD2008 wrote:         Repeated separate thumbs down will cause comment to be hidden

downeastlaw...you are absolutely correct with your post.

anonon...I remember your posts from the initial article on this arrest. OUI is a criminal offense then and it is a criminal offense now! Nothing has changed except the chip on your shoulder keeps getting bigger.

He lost his license for 90 days. He was allowed to drive home before surrendering his license, big deal. He was not given a "conditional" license as some people are so they can drive to and from work. He did the crime and he is paying the price. Let it go.

As for his employment and prosecuting OUI cases, they will have one of the other ADA's do that and he will prosecute other cases. I am sure the DA has enough cases to keep him busy for the foreseeable future.

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On 9/15/09 at 4:57 PM, boogyman wrote:         Repeated separate thumbs down will cause comment to be hidden

Does this create a potential conflict of interest between him and Marvin Glazier? As a prosecuter can he ever have a trial with Glazier as opposing counsel?

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On 9/15/09 at 5:24 PM, sandih wrote:         Repeated separate thumbs down will cause comment to be hidden

Twice the legal llimit, can drive home, no jail time, and this is being treated like anyone else? Just have to wonder if "anyone else" would be offered this same "plea agreement"...

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On 9/15/09 at 5:40 PM, chersully2000 wrote:         Repeated separate thumbs down will cause comment to be hidden

bottled_goodness: Do you have a problem?

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On 9/15/09 at 5:42 PM, MaineSurvivor2 wrote:         Repeated separate thumbs down will cause comment to be hidden

Wow, this bottled_goodness guy is a first class moron, 'eh?

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On 9/15/09 at 5:46 PM, boogyman wrote:         Repeated separate thumbs down will cause comment to be hidden

What I want to know is, who is his father?

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On 9/15/09 at 5:47 PM, boogyman wrote:         Repeated separate thumbs down will cause comment to be hidden

5:24 pm. the answer is yes.

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On 9/15/09 at 6:28 PM, MoeBolduc wrote:         Repeated separate thumbs down will cause comment to be hidden

Wait a minute, on October sixth he goes back to work? Just shows how corrupt and ineffective our legal system is. Shakespeare was right when he said:"kill all the lawyers." If we did, The world would certainly be a better place. And the only one's who would feel bad are their relatives. But, they would get over it.

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On 9/15/09 at 6:36 PM, MoeBolduc wrote:         Repeated separate thumbs down will cause comment to be hidden

Drunk Da.....................................Nothing New.

Bac.............................................0.21

Gets to try future OUI cases..........PRICELESS .

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On 9/15/09 at 7:38 PM, downeastlaw wrote:         Repeated separate thumbs down will cause comment to be hidden

Everyone hates a lawyer...until they need one!

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On 9/15/09 at 9:38 PM, evasmith wrote:         Repeated separate thumbs down will cause comment to be hidden

wow, there are a lot of people commenting on here who know nothing about the law. This IS pretty standard operating procedure in terms of a plea agreement on an OUI with an aggravating factor. And YES, folks, people often get to drive home, if there is no alternative, before their license is suspended. Since you have plenty of time to post comments, take an afternoon on a misdemeanor day in a district court somewhere and watch. Maybe then you will know more about what you are talking about.

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On 9/16/09 at 3:00 AM, skullbones wrote:         Repeated separate thumbs down will cause comment to be hidden

Anyone else that got caught for OUI would get at least a $1000,00 fine....Why was he only fined $550.00?

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On 9/16/09 at 4:37 AM, silentarrow wrote:         Repeated separate thumbs down will cause comment to be hidden

What will you say when he kills somebody next time?

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On 9/16/09 at 6:39 AM, JD2008 wrote:         Repeated separate thumbs down will cause comment to be hidden

evasmith...but that would require people to turn off their computers! You are correct in your observation but as I recall you tried to educate them before and people just do not want to listen.

1st Offense w/aggravating factors (Aggravating factors include a BAC of .15 percent or more, or traveling 30 m.p.h. or more over the speed limit, or attempting to elude an officer of the law, or having a passenger under 21 years of age. The law requires an additional 275 day suspension be imposed by the court or the Secretary of State if transporting a passenger under 21.)

90 day Suspension of License

48 hours of Jail TIme

$400.00 Fine

http://www.maine.gov/dps/bhs/impaired-driving/laws.html

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On 9/16/09 at 9:31 AM, user5225 wrote:         Repeated separate thumbs down will cause comment to be hidden

What a mug shot!

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