Local town justice censured for drunk-driving crash, lying to police

Feb. 5--ALBANY -- The Commission on Judicial Conduct has censured Shandaken Town Justice Michael Miranda for "the consequences of excessive drinking and driving" stemming from a 2018 crash.

In the decision issued on Wednesday, the Commission said Miranda was charged with driving while intoxicated, a misdemeanor, in the March 2018 incident and ultimately pleaded guilty to driving while ability impaired by alcohol, a traffic infraction. Miranda accepted the censure, and testified at the hearing that he has suffered from alcohol use disorder for more than a decade, and the arrest led him to seek treatment. He completed a two-week inpatient treatment program and has continued twice-monthly counseling sessions.

According to the Commisson's determination:

After drinking the night before, while in the airport in Orlando, Fla., and on the three-hour flight home, between 9 a.m.-5:30 p.m. when he arrived in Albany, Miranda consumed at least eight vodka drinks.

In Albany, Miranda got into his personal vehicle, a 2013 Subaru Outback with SMA (State Magistrates Association) plates and began making the 70-mile, 90-minute drive home to Shandaken. The commission said Miranda stopped at the New Baltimore Rest Area on the New York State Thruway and drank from a bottle of vodka in his car before continuing the drive home.

At roughly 5:30 p.m., he lost control of the Subaru and crashed, damaging the vehicle, two stop signs and two benches. Shandaken Police Office Kyle Hassett and Woodstock Police Office Christopher Benson responded to the crash and observed signs of intoxication, but called in New York State Police to take over because of Miranda's position as a town justice. Troopers James Adams and Cameron Manley arrived separately. Miranda failed field sobriety tests, and ultimately agreed to a chemical breath test at the trooper barracks, where his blood alcohol concentration was measured at 7:14 p.m. at .17 percent.

Adams testified at Miranda's disciplinary hearing that Miranda asked if they knew who he was, and said told them he would never again come out to conduct arraignments for state police. At the barracks, the state police major spoke to Miranda and the justice was apologetic.

Miranda ultimately pleaded guilty on Aug. 22, 2018 in Saugerties Town Court and was sentenced to $560 in fines and surcharges. His insurance company paid the state $1,138 for the cost of replacing the stop signs.

"Given the numerous aggravating factors present, this case comes very close to removal," the Commission wrote.

However, in opting for censure determination, the Commission noted that Mirada, a Vietnam veteran who spent nearly 20 years as a prosecutor in the Ulster County District Attorney's Office, had an otherwise clean record in 14 years as a justice and remains in treatment.

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