Saturday October 20, 2012

North Adams Transcript

NORTH ADAMS -- A 57-year-old city man who told police his July OUI arrest was his ninth was found guilty of a first-offense charge and sentenced to two-and-a-half years in a house of correction Friday in Northern Berkshire District Court.

David W. Cantoni of Ryan Street admitted to sufficient facts and was found guilty on charges of operating a motor vehicle under the influence of liquor, negligent operation of a motor vehicle and a marked-lanes violation, and found responsible on charges of possession of an open container of alcohol inside a motor vehicle, a number plate violation and failure to notify the Registry of Motor Vehicles of an address change.

In addition to Cantoni’s prison term, which grants 90 days credit for time served, he was fined $925 and received probation until Oct. 18, 2015.

Cantoni had had a jury trial scheduled for November, but his plea was submitted early "in the interest of justice."

Cantoni was convicted on only OUI first offense, despite revealing to police during his booking in July that he’d been convicted of eight other OUI charges dating back to the 80s and 90s, according to a Massachusetts State Police (MSP) report.

According to Cantoni’s court docket, the commonwealth could not produce evidence of the prior offenses.

Cantoni was arrested by Trooper Noah H. Pack of MSP on Sunday, July 22 at 3 a.m. on East Main Street. He was

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observed on that date swerving in and out of lanes in a GMC pickup truck, and failed a field sobriety test during a police stop conducted by Pack.

Later, at North Adams Police Department, Cantoni claimed to have been convicted of six separate OUI charges in the state of North Carolina, and two more in the commonwealth "20 years ago."

Pack’s report said the two alleged in-state convictions could not be substantiated at the time of Cantoni’s first court appearance, having occurred too long ago to appear in the state’s electronic database. Paperwork filed at the court did not reveal why Cantoni’s alleged North Carolina charges could not be unearthed. In his report, Pack also noted that the charges against Cantoni would be amended upon confirmation of other convictions.

Cantoni had been held without bail at Berkshire County House of Correction since the July arrest.

To reach Phil Demers, email
pdemers@thetranscript.com.