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West Orange Council President Accepts DWI Plea Deal

Victor Cirilo fined, loses driver's license for November incident in Verona.

 

West Orange Council President Victor Cirilo accepted a plea deal in Verona Municipal Court Wednesday night on charges stemming from a DWI incident last November.

The case, postponed several times since an initial November court date, was not without continued drama Wednesday night as an angry Verona Municipal Court Judge John A. Paparazzo clashed once again with Cirilo’s attorney, Roy Breslow of Verona and Cirilo during questioning on the plea agreement.

Cirilo was originally charged with driving while intoxicated following a Nov. 9 police stop after he made a turn from Bloomfield Avenue onto Mount Prospect Avenue (Route 23) just after midnight, Verona Police Chief Douglas Huber said at the time.

At the time of his arrest, Cirilo was administered a field sobriety test, Huber said, but he refused to take a blood alcohol test.

In addition to the DWI charge, Cirilo was also charged with refusal to submit to a Breathalyzer test, DWI in a school zone, careless driving and failure to keep right over a double-yellow line charges.

Wednesday night's proceedings began calmly, with the judge asking a series of questions as part of the plea agreement.

But the judge grew visibly angry after Cirilo denied that his driving was impaired due to drinking and claimed the arresting officer did not tell him he would face charges if he refused a Breathalyzer test. 

At one point, Cirilo's attorney continued to speak over Paparazzo, prompting the judge to rise from the bench. 

"Let me know when you’re ready to apologize,” Paparazzo told Breslow, before leaving the courtroom and loudly slamming the door behind him.

A few minutes later, both Cirilo and Breslow returned to the podium and the judge asked if Cirilo would like to proceed to trial. Breslow told the court Cirilo wanted to proceed with the plea deal.

The judge continued with his previous line of questioning, except this time Cirilo agreed the arresting officer had informed him about the Breathalyzer and charges associated with refusal to submit to a test. 

Cirilo appeared quiet and remorseful before Paparazzo as he was sentenced. The judge asked him if he had anything additional to say before he sentenced him, and Cirilo just said he was sorry.

As part of the plea deal, Cirilo was fined more than $1,000 in court costs and fees. The court also suspended his license for a total of seven months (three months for DWI and four months for the refusal to submit charges – to run concurrently).

Cirilo also was sentenced to 12 hours in an Intoxicated Driver Resource Center (IDRC) program for the DWI charge and an additional 12 hours in the IDRC program for the refusal to submit charges. All additional charges were dropped.

Cirillo must also install an ignition-interlocking device in his car for six months as part of his sentence. The device forces the driver to breath into it to make sure there’s no alcohol on the driver’s breath, otherwise the car will not start.

Cirilo apologized for the arrest in a letter to the editor immediately after his November arrest, saying he intended to fight the charges and asking residents to not make a rush to judgment.

West Orange Public Information Officer Jessica Glicker said the township had no comment on the plea deal.

Cirilo, who won his first council term in 2010, was elected in the township’s non-partisan elections. His current term expires in 2014.

He is employed as the executive director of the housing authority of the city of Passaic and has served West Orange as a board member of the Downtown West Orange Alliance and the John Renna House, as well as serving stints on the West Orange Public Library Board and the West Orange Valley Revitalization Committee.

Cirilo has also served as the field director for Sen. Robert Menendez’s suburban Essex County campaign operation and as chief of staff for state Assemblyman John McKeon.

  • Now that West Orange Council President Victor Cirilo has had his day in court on charges stemming from a November 2012 DWI incident, do you think he should be further reprimanded by the council or forced to resign?

    (Voting has been closed for this question)
    • Yes. He deserves a public reprimand
        8 (12%)
    • Yes. He should resign
        35 (55%)
    • No. Everyone makes mistakes and he's paying the price for his.
        20 (31%)
    • Other. Tell us in comments.
        0 (0%)
    Total votes: 63
  • Your vote will only count once. This is not a scientific poll. View Results Vote!
Related Topics: Municipal Judge John A. Paparazzo, Roy Breslow, Verona Police Department, West Orange Council President Victor Cirilo, and drunken driving arrest

M

6:23 am on Thursday, February 7, 2013

Guilty as charged! There is no respect deserved for a guy like that. Shady Shady thats what I think of him.

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Michael

6:23 am on Thursday, February 7, 2013

Another lib with too many connections, making too much money, thinks who the hell he is. This must not be his first time dwi because he needs the interlock on his car. never heard of a 2 time offender only getting 6 months suspension.

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n

5:32 pm on Thursday, February 7, 2013

All breathalyzer refusals have to get interlock device installed.

wohopeful

6:23 am on Thursday, February 7, 2013

Wow..defiant to the end. I hope that Mr. Cirilo takes the 12 hours in the Intoxicated Driver Resource Center (IDRC) to reflect on how his behaviour could have negatively impacted others had the officer not stopped him before he killed someone.

Does anyone know, was he able to find a medical professional to testify? What was the underlying condition he was hoping to use as an excuse?

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Leigh-Ann Zaolino

8:38 pm on Thursday, February 7, 2013

I heard he was claiming Polio as a child as the reason for refusing to blow. Also refusing the blood test was another major no-no.

Leigh-Ann Zaolino

10:33 am on Thursday, February 7, 2013

This should shup up all the idiots who said he didn't do it. All the posturing and delays only for what? I don't want this person as my Council President and I don't want this person as a leader in my town. Spare the forginess speaches from him and others. As a public figure I hold you to a higher standard. You're career as a politician is toast.

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Steve DeRosa

10:33 am on Thursday, February 7, 2013

Maybe now he will keep his trap shut and let the Police Dept do their job and not cast judgment without knowing facts. Just as he asked the Public not to rush and judge him he should not judge. People do make mistakes in life but I guess he figured he could pull strings with all his postponements on his charges but I guess not even with his antics in the court that was possible . Just shows his true character here.

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tiredtaxpayer

10:33 am on Thursday, February 7, 2013

A personal tragedy. For the residents of West Orange Mr. Cirilo previously unpublicized background in partisan politics (Cirilo has also served as the field director for Sen. Robert Menendez’s suburban Essex County campaign operation and as chief of staff for state Assemblyman John McKeon) is more troubling.

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Paul P

2:08 pm on Thursday, February 7, 2013

He got off easy. I've seen ordinary folks get far worse deals than that. If it happened in West Orange, Judge Starett would have suspended his license for a year.

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Raymond Helfrich

2:08 pm on Thursday, February 7, 2013

Mr. Cirilo "claimed the arresting officer did not tell him he would face charges if he refused a Breathalyzer test."

-and-

"except this time Cirilo agreed the arresting officer had informed him about the Breathalyzer and charges associated with refusal to submit to a test."

Interesting.

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peter walker

2:08 pm on Thursday, February 7, 2013

I suspect the judge came down hard on him because of the delaying tatics. Sorry to learn of his misfortune, hope he learns from his mistake and become a better person. I forgive him for this transgression..don't repeat it!

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badbul

2:08 pm on Thursday, February 7, 2013

Many thanks to Sgt Tim Banta and Judge Paparazzo for taking this drunk driver off the road. We can all feel a little safer while on the road for the next several months.

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Milton Armitage

5:32 pm on Thursday, February 7, 2013

Still no remedy for teabagger tourette's

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Gary Englert

8:38 pm on Thursday, February 7, 2013

Let's all keep in mind that "plea bargaining" remains a grey area in our criminal justice system as it essentially requires an accused to publicly allocute to an offense he/she may not have committed in order to benefit from whatever the terms of the "deal" are.

The bottom line remains that refusal to take the breathalyzer (under NJ Law) creates the automatic presumption of guilt and also conveys the penalties that go with it.

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Leigh-Ann Zaolino

9:34 pm on Thursday, February 7, 2013

You don't deal unless you are in trouble.... good try.

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wohopeful

9:52 pm on Thursday, February 7, 2013

Both the judge and prosecutor have to be satisfied that the defendent is being truthful and remorseful in the allocation, hence the judge reprimanding Cirilo and his attorney last evening.

It appears that Mr. Cirilo also admits to drinking at least three beers before getting behind the wheel of his vehicle and turning it into a death trap. This is not the case of an innocent man pleading guilty to take advantage of a plea bargain, it is the case of a guilty man pleading guilty to certain crimes in order to lessen his punishment should he be found guilty at trial.

Gary Englert

7:48 am on Friday, February 8, 2013

Mr. Cirilo refused to to take a breathalyzer test which, in and of itself, carries mandatory peanlties without any judicial discretion allowed...a matter that is the subject of legal action to overturn.

Mr Cirilo did have polio as a child, the result of which is a fused ankle which does not allow him to successfuly complete the typical, heel-toe, walk a straight line, field sobriety test.

Finally, three beers consummed over two hours by a 180 pound man will result in a BAC of between .02 and .04, which is half or less of the .08 threshold for a DUI charge. The BAC would be even less if one were simultaneously consumming food, which Mr. Cirilo was. Not only can numerous witnesses attest to this and his sobriety on leaving the establishment, there is also a receipt that could have been presented into evidence if allowed.

Unfortunately, that's not the protocol and the judge would not permit any "guilty with an explanation" but, only an allocution based on the plea.

It's a cautionary tale for all of us; if requested to take a breathalyzer there is no percentage in refusing as you then are automatically guilty, whether you are or not.

Presumably, however, a BAC reading under .08 would result in your not being cited for DUI...though you'll likely bw charged with whatever caused them to pull you over in the first place.

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wohopeful

12:31 pm on Friday, February 8, 2013

So if Mr. Cirilo knew he would be unable to pass a heel-toe field sobriety test and that he hadn't consumed enough alcohol to be impaired, then it would stand to reason he had no fear in submitting to a breathalyzer test.

Instead of excuses we should look at the facts: He was observed driving erratically by the police, he was stopped by the police and they had reason enough (probably from alohol on his breath, slurred speach, dialated pupils or any number of other observations) to believe he was imparied such that they performed the sobriety tests and requested a breathalyzer test. The police do not subject someone to these tests just for their jollies, they suspected he was imparied. Mr. Cirilo pled guilty to the charges and waived his right to a trial. If he wanted the judge to consider he evidence such as his polio and bar reciepts then like every other citizen he had the right to a trial. Mr. Cirilo pled guilt and waived his right to the trail because he knew he was guilty and his evidence lacked credibility in a court of law.

As someone previously stated we should thank the Verona police department, prosecutor and judge for getting another drunk driver off the streets of our towns for seven months. We should pray that Mr. Cirilo seeks the treatment which has been mandated and becomes a productive law abiding citizen in the future.

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dara brown

1:09 pm on Sunday, February 10, 2013

On the topic of 'refusals'. A friend of mine was arrested in Clifton and he took the breathalizer. He signed consent and agreed to take it. The machine had some 'samples' with an inadequate 'volume', but there were at least two with adequate volume that did not register. He was charged with 'refusal'. How do towns get away with that? He clearly blew a sufficent amount into the machine, but the police did not get the desired result so he was charged. My friends in the local PD tell me their protocol in a case like this is to bring the offender to the next town and use their machine? your comments? Thanks in advance.

Ken

7:48 am on Friday, February 8, 2013

Well, you don't deal unless the consequences of not dealing are likely to be worse for you. It's not unheard of for someone completely innocent of the crime they're charged with (which I'm definitely not suggesting is the case here) to plead to a lesser charge rather than defiantly stand trial, proclaim their innocence, and end up imprisoned on circumstantial evidence. Like it or not, plea bargains are part of the system we have, and the only way to keep that system moving along. I have no problem with this outcome (and wouldn't think it was an injustice if he'd been sentenced more harshly, either), and think the voters can decide accordingly what to do next year, should he seek another term.

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Steve DeRosa

8:39 am on Friday, February 8, 2013

All i will say again on here is that Mr Cirilo should practie what he preached. He asked not to be judged when he was charged with the DUI but he is quick to Judge others. H knew damn well he had more then two-three beers that is why he refused the breatalyzer. But knowing him well enough he has become cocky and arrogant since elected thought he culd beat this. Well guess what maybe he should have read up abit on refusals. As far as only having 2-3 beers if i had a 1.00 bill for every time we heard that from someone when stopped or arrested for DUI i would be a VERY VERY VERY rich man that is the standard answer!!!!!!.
I dont feel sorry for him one bit he put himself in this position take your medicine like a big boy and do what is right. I would almost bet the general publi would be picketing the steps of Town hall if it was a Poice Officer or FF. can hear it now " They should have known better, They are supposed to be good examples, role models, etc etc etc" Well guess what he is a public figure too. Hey Mr Cirilo you might want to remembr these words before you speak next time "He without sin cast the first stone" especially when you ask not to be judged!!!!

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Gary Englert

12:31 pm on Friday, February 8, 2013

Steve DeRosa:

I'm a little confused; just where and when did Mr. Cirilo pass judgment on anyone without due process? You keep alluding to this like it's common public knowledge and I'm certainly no aware of it.

Ken and Leigh Ann Zaolino:

This "plea bargain" wasn't some complicated, "Law and Order" deal; they dropped the DUI in a school zone and erratic driving charges in exchange for the pleas on the breathalyzer and DUI.

The bottom line remains that whatever defense Mr. Cirilo had (and he surely had some) he couldn't present because of the way the law is written and the lack of judicial leeway it provides.

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wohopeful

3:31 pm on Friday, February 8, 2013

Mr. Cirilo most certainly could have chosen to present his defense, unfortunately he chose not to proceed with a tril and instead plead guilty. Let's not twist reality and fact with some ficticious nonsense.

Steve DeRosa

12:54 pm on Friday, February 8, 2013

Please read the statement he made to Mr Leckys mom for details as to what i am eluding to. You know exactly what i am referring to. He asked not to be judged bt he makes a staement that the olice will be dealt with?? Nothing like judging before al the facts are in.

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Steve DeRosa

12:54 pm on Friday, February 8, 2013

Just in case you cant seem to find it her i copied and pasted it from the article and his comment or you. But i am sure you will spin it around to mean something other what it is seen to mean

The president of the West Orange Township Council Tuesday night assured the mother of a slain 22-year-old West Orange man "an example would be set" after two West Orange police officers

Now deny that he is not prejudging them??????

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Gary Englert

3:31 pm on Friday, February 8, 2013

Steve DeRosa:

I wouldn't condem you or anyone else based on this alleged quote...which is rather clearly taken out of context...in a medium whose journalistic integrity has yet to be established.

Not having attended this meeting or yet having seen the video, I can't say to a certainty what words or phrases preceeded or followed "an example will be set," do you?

Let's let cooler heads prevails here; the matter is being investigated and will lead where it leads...and I rather doubt anyone on the Council was trying to trhow anyone under a bus with however they responded to public comment.

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Gary Englert

3:31 pm on Friday, February 8, 2013

Steve DeRosa:

By the way, the same very short article also quotes Mr. Cirilo as follows:

Council President Victor Cirilo told Raymar Lecky's mother Jean, "I am very confident we will deal with it in the right way," after Lecky told council members to deal seriously with the Facebook comments allegedly made by West Orange Sgt. William Mango and Officer Karen Roach and demanded the officers be fired, according to a NJ.com report.

Rather than some rush to judgment, that seems to suggest he has full confidence that the WOPD's Office of Professional Standards/ECPO will deal with the matter professionally and as the situation dictates...no?

Nick B

10:09 pm on Saturday, February 9, 2013

Unfortunately, there is a lot time being wasted on legal technicalities and opinions. Mr. Cirilo's only advocate seems to be on a campaign himself and I'm not sure what Mr. Englert's motives or connection is. The facts are simple, Mr. Cirilo made a bad judgment call and I would not want my children to find excuses for bad behavior. I believe the West Orange Council should decide whether or not Mr. Cirilo's behavior is unbecoming of a council member especially being President of the council. I know this will be one of the most challenging decisions the current council will have to make but this will let us all know if they deserve to be re-elected as well. Good luck.

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Gary Englert

8:16 am on Sunday, February 10, 2013

Nick B:

What you, and a good number of others posting here, don't seem to appreciate or understand is that the predicament Mr. Cirilo has found himself in is a result of a "legal technicality" that has been memorialized in NJ statute, to wit: refusing to take a breathalyzer test carries with it the automatic presumption of guilt, without any judicial leeway available in court.

While we all enjoy the protections afforded by the 5th Amendment not to incriminate ourselves, that privilege is essentially negated when it comes to refusing a breathalyzer test as you may be damned if you do take it and equally damned if you don't. There are people with far more legal acumen than I who feel strongly enough about this...and the efficacy, or lack thereof, of the Mirandesque instructions given by police prior to offering the test...that it is being contested before he NJ Supreme Court.

The most egregious thing Mr. Cirilo did was, absent being able to consult with an attorney beforehand, to refuse to take a breathalyzer test. ..period...and he is paying the penalty for that decision.

Can you or I say that he was under the influence and/or legally impaired when he got behind the wheel of his car? No, because no forensic evdence exists to support such a conclusion.

(To be continued...)

The only "campaign" I am on here is to illuminate the terrain on which we find ourselves currently deployed and to insure thee is a clear understanding of what did and did not happen here.

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Gary Englert

8:16 am on Sunday, February 10, 2013

All that said, this is not a matter that calls for any action by the Township Council as there is no law or protocol that compels it to take any.

Purely and simply, Mr. Cirilo has plead guilty to what, under NJ statutes, are motor vehicle infractions; they are not "crimes' in any legal sense and certainly not "crimes of moral turpitude" that would have any material effect on his ability to hold an elected or appointed office. That's not Gary Englert's opinion, that is the law.

The cost of all of this to Mr. Cirilo's reputation and pocketbook have been considerable, and far greater than the vast majority of the +/- 30,000 New Jerseyans who find themselves in the same predicament each and every year...but, who are at least afforded the dignity of handling it with some degree of privacy.

That is not to say I condone driving while impaired...far from it...and I neither drink nor do drugs myself.

I am, however, a big believer in the old adages concerning people in glass houses and those without sin casting the first stone...all the while having a finer sense of hypocirsy than most people walking the planet, having received medals for he worst things I've had to do in this life.

Let's give it a rest and accept the quite distinct possibility that the man is paying a penalty for somehting he might not even have been truly guilty of, as none of us can possibly know for sure.

badbul

9:37 pm on Sunday, February 10, 2013

Police Chiefs of New Jersey will deny all law abiding citizen a New Jersey Firearms Identification Card because of a DUI/DWI. This is because they label the citizen a DRUNK. So now that Victor Cirilo clearly has a DUI placed on his motor vehicle record, he would be labeled a DRUNK in the eyes of a police chief and if that is the case, how could a DRUNK be Council President of West Orange?

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Gary Englert

11:59 am on Monday, February 11, 2013

badbul:

Actually, the application for a NJ Firearms Purchaser Identification Card/Handgun Purchase Permit makes no inquiry concerning motor vehicle violations, nor is it suggested that any would be a justification to refuse a permit.

http://www.state.nj.us/njsp/info/pdf/firearms/sts-033.pdf

There are two questions concerning whether or not the applicant is an alcoholic (#23)or an addict (#25) and a single DUI conviction isn't likely confirmation of either.

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badbul

12:41 pm on Monday, February 11, 2013

Gary, I understand. Unfortunately a police chief doesn't and uses a DUI conviction to withhold a FID from a citizen. Without naming a NJ firearms web-site, look one up on Google and see the many, many problems that are had from denials from just one DUI. One DUI will label you a drunk and the police chief will check off the box allotted "denied".

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Gary Englert

1:15 pm on Monday, February 11, 2013

badbul:

The New Jersey gun law, N.J.S.A. 2C:58-3, lists the reasons by which a person may be denied a firearms ID card or a permit to purchase a handgun:

1. A prior conviction of a crime or a disorderly persons offense involving an act of domestic violence
2. Drug or alcohol addiction
3. Previous confinement in a hospital, mental institution or sanitarium for a mental disorder
4. Suffering from a physical defect or disease that renders him or her unable to safely handle a firearm
5. Under the age of 18 (for a firearm ID card) and under the age of 21 (for a permit to purchase a handgun)
6. Not in the interest of public health, safety or welfare
7. Subject to a restraining order
8. Has had a weapon seized due to an act or complaint of domestic violence, and whose firearm has not been returned
9. Adjudicated a delinquent for an offense, if committed as an adult, would constitute a crime and the crime involved the unlawful use or possession of a weapon or destructive device, such as a bomb.

If you have had your firearms ID or permit to purchase a handgun application denied, you may request a hearing before the Superior Court in which you reside. The request for a hearing must be made within 30 days from when you were denied.

Any assertions to the contrary, a motor vehicle infraction does not constitute legal justification for a Chief of Police to deny issuance of such permits and remedies do exist for an applicant if such a thing happens.

margot

9:37 pm on Sunday, February 10, 2013

This council president is NOT the kind of example the residents of West Orange Township should be forced to have for our children. The people of this township need leaders who respect the law and since Mr. Cirrillo doesn't know how to do this, he should resign immediately.

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john anthony prignano

10:33 pm on Sunday, February 10, 2013

Of course you're correct . Cirilo wrote; "I accept full responsibility for any blemish to the township and apologize to our citizens. This is the first time I have been involved in such a situation and ask that we not rush to judgement as I intend to defend myself against these allegations." He was asked if he wanted to proceed to trial, and he declined. His "defense " consisted of stating that the arresting officer never told him he would face charges if he did not submit to a breathalyzer test .But then just a few minutes later, Cirilo agreed that the arresting officer had told him about the breathalyzer and charges associated with refusing to submit to a test. If he was innocent, why did he apologize, and what was he accepting full responsibility for? He asked that we not rush to judgement, as he intended to defend himself against these charges. He "defended himself" by making a false statement{ a.k.a., a lie } and then quickly recanting. "The court suspended his license for seven months { 3 months FOR DWI and 4 months for REFUSAL TO SUBMIT CHARGES - to run concurrently " } margot, WELL SAID!

john anthony prignano

7:50 am on Monday, February 11, 2013

Can someone tell me the difference between putting innocent people's lives in danger by driving drunk, and putting innocent people's lives in danger by tipping off suspected drug dealers to an imminent police raid? I don't see any difference.

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Gary Englert

9:13 am on Monday, February 11, 2013

john anthony prignano:

Is there a difference? Of course there is.

Generally speaking, someone making the decision to drive drunk, by the very nature of his/her condition, is making the decision while their judgment is impaired.

Whether or not the tipster in the drug raid scenario you suggest is similarly impaired is anyone's guess but, the crime is clear and the benefits of committing it likely tangible and measureable.

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badbul

9:59 am on Monday, February 11, 2013

Gary,
"Generally speaking, someone making the decision to drive drunk, by the very nature of his/her condition, is making the decision while their judgment is impaired."
I'm an occasional drinker. I'll have a few drinks when I go to a wedding or similar type function. Before I even get my first drink, I look around at the party I came with and see who didn't drive and which one of them isn't going to touch a drink. If I find one I ask them to take me home and hand them my keys, If I don't find someone, I don't drink. It's called responsibility before you start drinking I guess a responsibility Victor Cirilo ether doesn't have or diudn't care about because he thought he wouldn't run into an officer that would ruin his life.

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Gary Englert

11:21 am on Monday, February 11, 2013

badbul:

The fundamental problem still remains that people are playing Monday morning quarteback armed only with Internet news reports and not having witnessed the game being played.

Any number of people who were with Mr. Cirilo that evening have told me he wasn't impaired and his receipt for the food and drink purchased suggests he wasn't. I can also see how the stop and go nature of viewing storm damage while driving might suggest someone is impaired...leading to all that followed.

Not having been an witness and absent any forensic evidence that the man was truly impaired, I'm simply keeping being objective about the whole affair.

Mr. Cirilo's plea is a result of refusing to take a breathalyzer test that might have cleared or further condemned him...and what the result might actually have been is anyone's guess.

All else is speculative.

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john anthony prignano

12:41 pm on Monday, February 11, 2013

" Any number of people who were with Mr. Cirilo that evening have told me he wasn't impaired and his receipt for the food and drink purchases suggests he wasn't . I can also see how the stop and go nature of someone viewing storm damage while driving might suggest someone is impaired.... leading to all that followed. " < THIS ABSOLUTE NONSENSE IS PURE WILD SPECULATION and HEARSAY on SEVERAL people's parts. The facts are that Cirilo is GUILTY of a DWI, and refusing to take a breathalyzer test.The facts are that he professed his innocence and vowed to defend himself against these charges, yet in the same breath he apologized and took full responsibility for his actions.. When offered the opportunity, he declined to go to trial. He also made a false statement { he lied } and then quickly recanted. Time to cancel the order and get the deposit back on those " Victor Cirilo for Mayor " signs. Finis

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john anthony prignano

1:08 pm on Monday, February 11, 2013

I especially like the " I can also see how the stop and go nature of viewing storm damage while driving might suggest someone is impaired " comment. Englert is saying that Cirilo is the victim of " loving his community not wisely, but too well." Shameless.

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Gary Englert

1:08 pm on Monday, February 11, 2013

john anthony prignano:

Rather than being "ABSOLUTE NONSENSE IS PURE WILD SPECULATION and HEARSAY on SEVERAL people's parts" this constitutes my first hand awareness that people were ready, willing and able to testify on Mr. Cirilo's behalf and that evidence of his sobriety did indeed exist.

The fact that he ultimately chose to to present a defense...given that there is absolutely no judicial discretion available in cases where a breathalyzer has been refused...and that any defesne was essentially pointless is not inconsistent with his initial intention to offer one.

Following consultation with his attorney and then fully understanding the consequences of having refused the test, he did what was both prudent and necessary under the circumstances.

He was then therefore required to allocute to the offense committed without any explanation or embelishment and, when so instructed by the judge, did precisely that; there was no false statement, lie or recantation.

Mr. Cirilo is paying the proscribed penalty for the offenses he plead guilty to...and whether he actually was or not is now a matter of consience between himself and his deity of choice.

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Gary Englert

3:09 pm on Monday, February 11, 2013

john anthony prignano:

What i find particularly tasteless someone like yourself...who has absolutely no record of accomplishment or community invovement to speak of...pontificating that things are all just black and white with not a shade of grey to be seen anywhere.

Rather than entering the arena and actually trying to do something for the common go, you sit on the sidelines and deride all of those who do...and that is what's truly shameless.

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john anthony prignano

3:24 pm on Monday, February 11, 2013

Mr. Englert alludes to people "ready to testify on Cirilo's behalf . " Their testimony regarding "their personal observations" would be less than worthless - PURE HEARSAY. Nothing they would have said could possibly do anything to establish Cirilo's blood alcohol level. A restaurant receipt ONLY establishes that he was charged for x amount of beers in THAT establishment, NOT that he didn't consume more alcohol elsewhere. { Were there any "buybacks" or did any friend or friends buy him one or more? Inquiring minds want to know } The point is, it's at least POSSIBLE that he drank in his car and tossed bottles out of the window, which would explain the "stop and go " driving technique and failure to keep right over a double yellow line.So that shatters the "Restaurant Receipt Defense" The above article states " Cirilo denied his driving was impaired due to drinking and claimed the arresting officer did not tell him he would face charges if he refused a breathalyzer test. " The judge continued with his line of questioning, except this time "Cirilo agreed the arresting officer had informed him about the Breathalyzer and charges associated with refusing to take the test." Why would an innocent person apologize and take full responsibility for his behavior?? Why all the delays and postponements when his first lawyer undoubtedly told Cirilo the implications of refusing the breathalyzer test.... AS DID THE POLICE OFFICER WHO STOPPED HIM. Cirilo is not fit to hold elected office.

Alan Sanders

11:21 am on Monday, February 11, 2013

My general impression of Mr. Cirillo from casual observation of council activities is that he tends try to appear to be saying something meaningful while offering nothing of substance. For this reason alone I would be inclined not to give him my vote and don't think that he merits the position of council president. I think the the evasiveness that I sense from what I've seen on the council is consistent with all the wiggling and squirming to get off the hook in this situation. Yes he appears to have been irresponsible; nevertheless, he is not alone, and I would generally give him another chance before throwing the book at him by moralizing or advocating more severe punishment. He will likely not get my vote in the future but not primarily because of this event, other than that it reinforces my impression of his general lack of candor.

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Mary L.

2:41 pm on Monday, February 11, 2013

We need to hold our town officials to a high standard and that does not include a Township Council President with a DUI. Mr. CIrilo should resign immediately and chalk his fate up to a very bad judgement call. Drinking and driving is no joke. The message it sends to our youth is disgraceful. Let's see if the Township Council will hold their colleague accountable for his actions -- their future as elected officials depends upon it.

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Gary Englert

2:59 pm on Monday, February 11, 2013

Mary L:

Your very subjective and personal opinion aside, there is nothing in NJ law that requires that the penalties Mr. Civilo should suffer for a motor vehicle infraction can or should be an worse, or more severe, than anyone else similarly charged and convicted.

Again, not that I condone anyone driving under the influence but, this does not constitute a "crime of moral turpitude" that could have any material effect on Mr. Cirilo's ability to hold elective office.

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john anthony prignano

7:25 pm on Monday, February 11, 2013

Mary L. Great stuff There have already been a few bleeding heart letters written saying things like " Mr. Cirilo has suffered enough, " , "Anyone can make a mistake" " Good people sometimes make bad choices" " Let he who is without sin cast the first stone" etc. Step1; Cirilo and his supporters deny his guilt .After he pleads guilty, he is depicted as a likely innocent man who found himself ensnared in an inherently unjust court system, a system that's far more interested in expediency than justice. Step 2;. Not only is there no proof of his guilt, but HE is the real victim in all this,not the public and the truly innocent people he endangered and might easily have maimed or killed.Victim of a court system that denied him a fair trial by a jury of his peers - a system that denied him the opportunity to present powerful and potentially exculpatory evidence. Victimized because he loved his community not wisely but too well - he was looking at storm damage, hence the stop and go driving. I predict the council will use this kind of garbage and more to keep Mr.Cirilo's political star on the rise. the council will say that they have been inundated with letters of support on behalf of Mr. Cirilo, and that everywhere they go, they see and hear a groundswell of support for the much - maligned Mr. Cirilo. The council and many others DEMAND that we honor the rule of law, election results and the like, EXCEPT when THEY don't like the results ....... and a child shall lead them.

Mary L.

3:29 pm on Monday, February 11, 2013

Subjective and personal opinions are what get people elected to office. I suggest Mr. Englert take a step back and review the long list of political trangressors who have fallen on their own sword. What you seemingly fail to understand is that the court of Public Opinion far outweighs any legal blather. I'm going to speak for the Moms and Dads out there that don't want their political leaders cloaked in DWI, DUI or the like. As far as Mr. Cirilo's ability to hold elected office, you would have to say that if his judgement is lacking enough to drink and drive, what does that say about his credibility to make good decisions for the town? Zero. Furthermore, I seriously question the motives of anyone who is supportive of those who drink and drive. Who are you working for again?

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Gary Englert

3:52 pm on Monday, February 11, 2013

Mary L:

"Subjective and personal opinions" can lead people to make whatever choices they deem necessary at the ballot box; what they can't do is demand some action be taken that isn't currently memorialized in law.

Acknowledging that is not to suggest I condone people operating motor vehicles while impaired, as I most certainly do not. Acknowledging the very distinct possibility that Mr. Cirilo may not have been impaired is simply to acknowledge tha I am not an all knowing and all seeing deity.

That said, I'm not working for anyone...I'm simply expressing my personal opinions,,,and, unlike most, I'm not doing so while hiding behind a screen name.

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john anthony prignano

8:10 pm on Monday, February 11, 2013

Mary L. Everything you say is correct. Drinking and driving is reprehensible. . Defending someone who pleaded guilty to the charge is equally if not more reprehensible.There are still a lot of people in this society who have not " won the victory over themselves, and learned to love Big Brother" 2 and 2 is 4. As soon as possible,the puppet masters must begin the process of grooming and promoting a mayoral aspirant who is a carbon copy of Victor Cirilo, except for the name Victor Cirilo. What part of the word guilty doesn't Englert understand ?.

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Gary Englert

8:21 pm on Monday, February 11, 2013

john anthony prignano:

Not only does Englert understand the meaning of the word guilty, he also understands there is reason to question both the content of the primary statute under which Mr. Cirilo was charged and the apparent ambiguity in the protocols followed, and instructions given, in the process of administering a breathalyzer test.

I am far from alone in having such concerns (witness the amicus brief currently before the NJ Supreme Court) and neither I or anyone else who has them is "defending a drunk driver" by articulating them.

Alan Sanders

3:35 pm on Monday, February 11, 2013

Turpitude basically = depravity. What it is not is not the point, what it is, is the point. Now here's my question, and I do not know the answer: What would the 'typical' employer of a person in a responsible executive position do? There may be no typical employer but the question does occur to me. Is there a standard or is it subjective and all over the lot?

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Gary Englert

4:00 pm on Monday, February 11, 2013

Alan Sanders:

In general, "crimes of moral turpitude" are considered to be those involving a violation of public trust (theft, bribery, etc.) and/or high crimes (murder, rape, robbery) having nothing to do with one's elected or appointed office.

A DUI is, under New Jersey law, a motor vehicle infraction and not a crime.

As to how a DUI is dealt with elsewhere in government or private industry, the answer most certainly would be that it depends.

Clearly, a truck driver losing his license has a farther reaching impact than the fry cook at McDonald's.

A gubernatorial appointee (who serves at the pleasure of the Governor) might be requested to resign.

Again, do keep in mind that +/-30,000 New Jerseyans are charged and convicted of DUIs each year and very few, if any, receive any public scrutiny.

badbul

4:12 pm on Monday, February 11, 2013

Did he have two beers?
Was it three beers?
Was it one beer?
Was it two beers and some prescription medication?
Who knows, who cares. All I know he got what he deserved for doing what he did. Case closed.
And thank you VPD

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Gary Englert

4:53 pm on Monday, February 11, 2013

badbul:

What the guy got was what is mandated by law for refusing a breathalyzer test; all else is speculative and none of us will ever know to a certainty.

badbul

7:25 pm on Monday, February 11, 2013

Right Gary, and there will be a DUI on his record. So the system worked.

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Gary Englert

8:21 pm on Monday, February 11, 2013

badbul:

The system in place certainly worked; whether or not it's truly fair and equitable, or if justice was truly served, is another matter entirely.

I'd personally be far more comfortable if such matters were concluded based on the standard of "beyond reasonable doubt" and, again, that is not to say I condone driving while impaired as I most certainly do not.

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john anthony prignano

9:07 pm on Monday, February 11, 2013

badbul Terrific comments.100% accurate

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john anthony prignano

9:59 pm on Monday, February 11, 2013

Gary Englert accused me of not being in the arena, of pontificating and sitting on the sidelines and of not trying to do anything to make things better. I WANT CIRILO OFF THE COUNCIL. HE COULD HAVE KILLED SOMEONE. Apparently, as far as Englert is concerned, writing letters on Patch doesn't demonstrate involvement and it doesn't put a person "in the mix. " Nobody writes more on Patch than Englert. Therefore,he must believe that he's the most irrelevant person he knows.

wohopeful

9:59 pm on Monday, February 11, 2013

The most important thing here is that Mr. Cirilio is just one term and done. If he chooses to run for office he will not get re-elected since his poor judgement of drunk driving will not sit well with the electorate. We have rid the township of another one of McKeon's boys and that means a good thing for all of West Orange.

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john anthony prignano

10:39 pm on Monday, February 11, 2013

wohopeful Precisely. A soldier who fought at Waterloo wrote, "You would not think there could be a battle where everyone would die, yet each man fell in turn." As far as I know, Charles Darwin never presented any evidence or theory that there is or there may be a Natural Law that imposes limits on the number of jerks that can be present in any given generation.

Gary Englert

10:07 pm on Monday, February 11, 2013

john anthony prignano:

Please have no doubt that you are among the most irrelevant people I know.

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Mary L.

10:07 pm on Monday, February 11, 2013

badbul I agree that he got what he deserved, as hard as he tried to squirm his way out of the stark reality with the lamest of the lame excuses. (Seriously, polio and surveying storm wrekage? That is hilarious!!) Mr. Englert, I'm mystified that you choose to dismiss the observations of the police officer at the scene, whom I am certain has encountered the actions of many driving under the influence. Do you also refuse to believe that Mr. Cirulo lied to the judge? And do you now think that lying to a judge is becoming of a public servant? When will it all end?? Mr. Cirulo should resign because West Orange does not need a shady character running the town. His credibility is shot. Goodbye.

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Gary Englert

10:55 pm on Monday, February 11, 2013

Mary L:

Rather clearly, what you (and most everone else) know of this entire situation is limited to what relatively little has been reported in on-line news reports, much of which is sensationalized and out of context. If that's what you choose to reach whatvever conclusion you do, that's certainly your choice.

It isn't mine, nor do I believe in demeaning someone and thereby proclaiming myself to be holier than them.

Childhood polio resulting in a surgically fused ankle can indeed preclude someone from passing a standard field sobriety test and, yes, stopping and going while viewing storm damage might lead one to believe the person is driving eratically.

Police officers are human beings and prone to err just like the rest of us and, since nobody ever heard the officer's testimony, it wasn't something anyone could consider.

What was before the judge were the summonses themselves and the matter was adjudicated with nothing else admitted into evidence.

The plea required Mr. Cirilo to allocute to the offense as charged and, once properly instructed as to what that meant, he did so; the man didn't lie about anything...other than quite possibly admitting to something he didn't think he was truly guilty of...and whether he was or not is now between him and his God.

Should the man run again for public office you can voice your opinion at the ballot box; there nothing in the law requiring Mr. Cirilo, or his Council colleagues, to take any further action.

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Bart

9:34 am on Tuesday, February 12, 2013

So he has a bum ankle that was surgically fused, went to a bar, had only 3 drinks, drove erratically because he was surveying storm damage and got nabbed for drunk driving. Gee Englert, you seem to have all the answers. You sure you're not already working on this guys re-election campaign?

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Gary Englert

3:06 pm on Tuesday, February 12, 2013

Bart:

Rather thank having all the answers...let alone working on anyone's re-election campaign...what I'm acknowledging is that, none of us having been witnesses to this incident and/or having seen all of the evidence that might have been presented, we're all ill-equipped to reach any hard conclusions as a result.

I simply have an open mind and a rather realistic overview of what may have happened, and why, and why those involved acted as they did...the police and Mr. Cirilo included.

I have the intellectual capacity to have such a discussion, enough empathy to put myself in another person's shoes and enough courage of conviction to put a name, face and reputation behind my opinions.. Do you?

I do not now and never have condoned driving while impaired by drugs, alcohol or physical infirmity and anyone doing so IS irresponsible. Can any of us say to a certainty that Mr. Cirilo was so impaired? No, because no forensic evidence exist to confirm that he was...period. Refusing a breathalyzer test carries with it the automatic presumption of guilt of DUI and all the onerous penalties that go with it...and they are not inconsiderable.

I don't see the reason or need to further pillory the man and ride him out of town on a rail, as he is already paying the penalty proscribed by law.

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Gary Englert

3:41 pm on Tuesday, February 12, 2013

Bart:

Far from working on anyone's re-election campaign or "hav(ing) all the answers,' the thrust of my academic discussion of this incident is that none of us have all the answers as none of us were witnesses, nor have we viewed what evidence there might have been.

I also have the intellectual capacity to remain objective and enough empathy tto put myself in another person's shoes.

wohopeful

7:17 am on Tuesday, February 12, 2013

Rather than be all over the place with wild theories such as polio, gawking at storm damage, police officers making mistakes, police not explaining what refusing a breathalyzer test meant, evidence that couldn't be heard, etc. there is a very simple explanation for all of this and that is that Victor Cirilo was driving drunk and got caught. It is nothing more than that.

Now we as voting citizens nuts decide if we think a drunk driver is the right example for our council president. We must decide if someone who exhibits such bad judgement as to go drunk driving is someone who we want using their bad judgement to make decisions for us all. Mr. Cirilo's one term will be over soon enough and we can all put this ugly period for our town behind us as he is defeated and sent packing.

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Gary Englert

3:06 pm on Tuesday, February 12, 2013

wohopeful:

While I'm a rather firm believer in the principle of Occam's razor (esentially the simplest explanation is likely best), that carries through to each piece of a puzzle that is then considered as a whole; ergo, there is a plausible and equally reasonable alternate explanation for each underlying event that comprised this incident.

Clearly, you lack the intellectual capacity to see that while possessing a sense of superiority, unjustified by your need to hide behind a screen name while lobbing salvos at everyone and everything.

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wohopeful

7:44 pm on Tuesday, February 12, 2013

Mr. Englert unfortunately you lack the capacity to see the truth as you stretch to find excuses for which there are none. Simply put Vic was drink driving again, got caught this time finally and must now pay for his transgressions.

What is more important is that Vic's political career is now over and the good people of WO can rid themselves of another failed politician care of McKeon.

george

3:41 pm on Tuesday, February 12, 2013

Cirilo is a drunk, just follow him around on parade day and you can all see for yourseld

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Gary Englert

10:08 pm on Tuesday, February 12, 2013

wohopeful:

If anyone is stretching anything, it is you stretching the truth...and my capacity to detect male bovine manure is really quite refined.

Just where and when, pray tell, was Mr. Cirilo previously stopped and accused of DUI?

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Tom

11:30 pm on Tuesday, February 12, 2013

I think anyone convicted of a DUI while in elected office should be dismissed.

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Gary Englert

3:24 pm on Thursday, February 14, 2013

Tom:

I believe the penalties for both DUI and/or refusing a breathalyzer are signicant and no further sanctions, not already memorialize in law, need be assessed against anyone...a function of the concept of equal protection under the law, from which each and every one of us benefit.

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Tom

4:39 am on Saturday, February 16, 2013

It is a breach of public trust.
I would support immediate expulsion.
No resignation required

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Gary Englert

10:10 am on Sunday, February 17, 2013

Tom:

Any of your ill-conceived assertions to the contrary, neither a DUI nor refusal to take a breathalyzer conviction are crimes under NJ state law; they are motor vehicle infractions.

As such, they do not constitute anything that can be considered to be a violation of public trust and/or a crime of moral turpitude which would require someone to forfeit an elected/appointed public office.

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RB

12:43 pm on Sunday, February 17, 2013

Are they paying this guy by the hour or by the word? :)

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Gary Englert

1:11 pm on Sunday, February 17, 2013

RB:

I'm not getting paid a dime by anyone for speaking both what is the truthful and common sense, not to mention supporting the fundamental premise that the law should be applied to each and every one of us equally.

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Scott

1:18 pm on Sunday, February 17, 2013

LOL, RB. I always thought they were paying him by the shovelful.

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Gary Englert

1:33 pm on Sunday, February 17, 2013

Scott:

I rather doubt a shovelful of factual information is within your intellectual capacity to absorb; in fact, a thimble full might be more than you can handle.

margot

12:43 pm on Sunday, February 17, 2013

Mr. Englert, I think you are missing the point. I have not followed each and every comment on this matter; I also do not know what your personal interest is; what I do know is that as a resident of this beloved Township, being required to step down by law is not the issue. Our leaders are people we as residents look up to with respect as we put our trust in their guidance and partner to our Mayor and administrative departments. The council president's misjudgement in actions and character is disturbing. Teenagers who are drivers in our community see this as a way to also get away with what we, as parents, strive to prevent. Our schools, parents, mayor, council, board of ed, and every resident want representatives to NOT have a lapse in the knowledge of who they are and that they represent our Township and this lapse in judgment has brought tarnish upon us. Mr. Cirillo should, above all else,not continue to be a "president" of a government body. m

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Gary Englert

1:33 pm on Sunday, February 17, 2013

margot:

I'm not missing any point at all but, it would appear that you are missing the very salient point that is at the heart of my position here; that there is equal protection under the the law, meaning it should be applied to each of us no differently than it is to anyone else. Championming that long held, Constitutional protection is my primary interest here.

Purely and simply, Mr. Cirilo should not be subject to any harsher sanctions than anyone else similarly charged and convicted and the penalties he is already paying are far from insignificant.

The motor vehicle infractions to which Mr. Cirilo entered a guilty plea to are a direct result of his refusal to take a breathalyzer test and the automatic penalties that come with such a decision. Further complicating that is the fact that there is widespread belief that the pre-test warnings and instructions currently being given are deficient and don't adequately detail the consequences of refusing the test. The broader issue is the that the entire protocol is contrary to the 5th Amendment protections against self incrimination. These issues are the subject of an amicus brief filed with the NJ Supreme Court by the NJ State Bar Association.

Neither you, I nor anyone else (either directly involved or a casual observer) can say to a certainty whether or not Mr. Cirilo was actually impaired as no forensic evidence to substantiate an opinion, one way or the other, exists.

Still, he has gotten away with nothing.

wohopeful

4:12 pm on Sunday, February 17, 2013

Mr. Cirilo exeplifies the problems with our town administration and the pervasive poor judgement they exhibit each and every time an issue is brought before them. Mr. Cirilo made the fateful wrong decision to drink and drive and this is certainly not the standard to which we should allow the political offices of West Orange to descend to. Mr. Cirilo should exhibit some rehabilitation for his wrong dooings and resign at this week's council meeting.

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john anthony prignano

10:12 pm on Sunday, February 17, 2013

wohopeful Englert should read Charles Dickens: "The Law is a idiot, the Law is a ass!" Englert's argument is not with you or me or anyone else, EXCEPT Victor Cirilo .Victor Cirilo pleaded GUILTY. Victor Cirilo said , "I am guilty ". Cirilo surely must know if he's guilty or not. Englert's next effort on Cirilo's behalf might read, "Even Cirilo can't say for sure if he's guilty, because he has virtually no recollection of the events that occurred on the evening in question . " I said that Cirilo will be described as "the victim of an unjust legal system", that the "man has suffered enough" and that "he's paying the court imposed penalties for his misdeeds. Any other demands for Mr. Cirilo to be punished any further are without merit" Judges are removed from the bench,and lawyers are disbarred. Council members have the power to create new laws,and to modify or eliminate old ones.They have the power to grant waivers of and exemptions to laws. A Council member can be called upon to respond to{ be deposed } and be involved in and be the subject of litigation based solely in their capacity as a Council member. Given what Cirilo has admitted he is guilty of in a court of law, he cannot and must not remain on the Council.

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john anthony prignano

10:12 pm on Sunday, February 17, 2013

wohopeful Certainly, Englert's innumerable defenses of Mr. Cirilo are based, at least in part ,on a line sung by Zero Mostel in A Funny Thing Happened On The Way To The Forum; " Old situations, new complications, something for everyone,a comedy tonight!"

Gary Englert

4:38 pm on Sunday, February 17, 2013

wohopeful:

Mr.Cirilo is paying the penalties associated with having refused to take a breathyzer test and neither the court, the police, you, me or anyone else can attest to any degree of certainty whether or no he was actually impaired while driving...period.

You, and the rest of your anonymous ilk, need to stop suggesting you're God and that you know things to a certainty that you can't possibly know.

I'd also challenge all you oh so brave people to show up at Tuesday's meeting and put a name, face and reputation behind your demands for Mr. Cirilo's resignation.

My guess is the silence will be deafening.

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Gary Englert

10:06 am on Monday, February 18, 2013

john anthony prignano:

One would think that someone so often quoting The Bard of Avon could actually read and comprehend English but, it appears that skill has escaped you.

Rather that "defending Mr. Cirilo," what I've been doing here is articulating precisely what did and didn't happen; facts that seem to be escaping most of you.

Try as you might to suggest otherwise, the man was NOT found to have had a BAC over .08; the legal threshold for a DUI.

He plead guilty to refusing to take a breathalyzer test and the DUI charge that is statutorily presumptive as a result.

Whether or not he was actually impaired at the time is anyone's guess and I don't proclaim to know either way...and nor should anyone else.

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wohopeful

10:06 am on Monday, February 18, 2013

You seem to miss some of the facts in this case Mr. Englert. Mr. Cirilo pled guilty, and allocated in a court of law that he was driving impaired that evening. Surely Mr. Cirilo would know wether he was impaired or not and surely he wouldn't lie to the judge, prosecutor and the citizens of Verona. Clearly drunk driving and poor judgement is not the example we want from our elected officials. Mr. Cirilo must go.

While I can appreciate your allegiance since Mr. Cirilo is one of McKeon's boys, surely you don't need to embarrass yourself defending the indefensible.

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Gary Englert

10:31 am on Monday, February 18, 2013

wohopeful:

I'm not the least bit embarassed having the ability to have an academic discussion concerning DUI laws and penalties in NJ.

Given the fact that you're unable to comprehend that, or that I'm defending principles and not anyone in particular, should be embarassing to you.

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Jack Durschlag

10:40 am on Monday, February 18, 2013

Folks: This thread in the conversation is getting too personal and it needs to stop. Please stick to the facts and what IS know, not speculation or the personal attacks. If the personal attacks do not stop, we'll be forced to close comments.
Thanks

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badbul

3:34 pm on Monday, February 18, 2013

Bottom line guys, Victor Cirilo made a "knowing and intelligent plea".
If Victor Cirilo tried to plead guilty or no contest but still claims to be innocent, a judge cannot accept the plea.
The State needs no "forensic evidence" to convict because Victor Cirilo knew that he was waiving his right to cross-examine his accusers.
Victor Cirilo knew he was waiving his privilege against self-incrimination.
Victor Cirilo wasn't forced into accepting the settlement that he was offered from the State.
Victor Cirilo pled guilty because he knew he was intoxicated and wanted to spare himself a trial and that outcome.

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Gary Englert

5:36 pm on Monday, February 18, 2013

badbul: Your summary ignores the fact that one can't contest the refusal to take a breathalyzer in court and that the penalties for that refusal are automatic and come with an automatic DUI attached, with no judicial discretion.

The only charges that could have been contested (DUI in a school zone and careless driving (?), were dismissed with the acceptance of his plea.

True, Cirilo wasn't "forced" to accept the settlement but, the option facing his or anyone else in similar circumstances were non-existent...whether or not he was truly guilty.

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badbul

6:12 pm on Monday, February 18, 2013

Gary,
I understand what you're saying about the breathalyzer, he pled to that and was offered 7 months. Also in that plea agreement was a plea deal for pleading guilty to "DWI" for an additional "3" months of license suspension.
Any logical person that was innocent would stand trial. Why did Victor take a plea then?

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Bart

6:21 pm on Monday, February 18, 2013

Victor took the plea because he was guilty. Thats the long and short of it. And some people just don't want to accept that. But Victor seems to have his former campaign worker on here and other social media sites trying to convince people otherwise to shy away from the fact that he was caught driving drunk. I think the same campaign worker said earlier that this case is no different than the 30,000 or whatever number that was. You can try to paint that picture, but the fact of the matter is, out of those 30,000 lets just say 29,995 were of people who didn't hold publically elected office and by default their cases are scrutinized much more because of their status in the community in which they represent. But thats ok, keep on defending a drunk driver. The parade in town is coming up, lets hope he takes it easy this year.

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Gary Englert

8:33 pm on Monday, February 18, 2013

badbul: You are ignoring the fact that refusing the breathalyzer and the DUI are a two for one deal; you refuse the former and you also get the latter.

The only consideration Cirilo got was the dismissal of the two lesser charges and the license suspension to run concurrently.

Bart: You need to work on you reading comprehension skill. I'm not defending a drunk driver, I am explaining exactly what did and didn't happen...without speculative nonsense and, unlike you, hiding behind a screen name.

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Tom

11:24 am on Tuesday, February 19, 2013

Gary you are defending a Drunk Driver...
Enough already

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Gary Englert

11:45 am on Tuesday, February 19, 2013

Tom:

Learn to read and comprehend English...enough already!

Franklin Street

10:19 am on Tuesday, February 19, 2013

He must resign from the council. This guy is a fake,phony,fraud. I have no respect for someone who is not honest. He should have taken responsbility and moved on. Instead, he lied and made all kind of excuses child polio-give me a break! He is shameless and can never be trusted to tell WO residents the truth. If a politician is not honest then he is no good.

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Gary Englert

12:18 pm on Tuesday, February 19, 2013

Franklin Street:

The fakes, phonies and frauds are those hiding behind screen names.

Bert Peronilla

10:19 am on Tuesday, February 19, 2013

Refusal to take the Breathalizer test is not the reason for Mr. Cirilo’s arrest. It is additional evidence the police are allowed to collect with Mr. Cirilo’s agreement. Refusal leads to license loss and is typically viewed as an admission of guilt, fair or unfair. This leaves room for reasonable doubt.

A municipal prosecutor is prohibited by the New Jersey Court Rules from plea bargaining a DWI charge. This means that prosecutors rarely dismiss a DWI charge unless they believe that the DWI charge cannot be won at trial. For a prosecutor to believe that a DWI charge cannot be won at trial, a DWI defense lawyer must convince the prosecutor that there are problems with the State’s case. Most often than not, these are due to some technicalities. This will often result in a dismissal of the charge or downgrade to a less serious offense.

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wohopeful

10:52 am on Tuesday, February 19, 2013

Fact is that there is only one reason anyone including Mr. Cirilo would have refused the test in the first place and that is he knew he was impaired. An innocent person has no fear on submitting to this test.

This behavior the night of the incident and the months following it just show the poor judgement and lack of character Mr. Cirilo has. He will finish his one term and fade into the past as just another failed WO politician care of McKeon.

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Francesco di francescantonio

9:11 pm on Saturday, March 9, 2013

As a councilman being charged with a DUI, you should step down from your position.
Just like when you wanted to make an example out of two officers that weren't on duty for comments they made, you should also be made an example.

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Paul P

10:04 pm on Sunday, March 10, 2013

Just an update pertaining to this story. So far the town and council has refused to comment on this matter. Will Mr. Carrillo be reprimanded? Why hasn't the town commented? One clue could be the cozy relationship between the politically connected in West Orange. Mr. Cirilo's wife worked as an Aide to 27th District Assemblyman John McKeon, and as an West Orange assistant municipal public information officer. The current public information officer has said no comment, now we partially know why.

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Gary Englert

9:52 am on Monday, March 11, 2013

Paul P:

Mr. Cirilo plead guilty to what under NJ state law is a motor vehicle infraction. It is not a crime, let alone a crime of moral turpitude or violation of the public trust.

As such, the Council has no legal authority to sanction the man in any way so, no, you won't be hearing much of anything from them on the subject.

That said, your information about his wife's "political connections" is totally erroneous as she neither served as a Legislative Aid for Assemblyman McKeon nor as the "Assistant Public Information Officer"...a position that has NEVER existed, let alone been filled.

Mr. Cirilo's wife did work work for Congressman Pascrell (handling constituent inquiries/services) for a number of years but, has been employed in the private sector for some time.

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Alan Sanders

9:52 am on Monday, March 11, 2013

I ascribe to the 'everybody makes mistakes' view. Fool me once, okay, fool me twice, you've blown it. Most important to me are: I think that if Victor Cirillo was innocent and had credible proof, he would have opted for trial - the fact that he didn't, his delaying tactics and from what's claimed above, his contradictory statements re-being advised about the breathalyzer test are consistent with what I see as his MO on the council: evasiveness and delay. It is my recollection that more than once he has kicked the can down the road and not delivered follow-up as he promised, as if hoping, it will disappear down a storm drain. To me this is a matter of character. I take solace that this will likely be his last term. If he runs for council again he should get an academy award for chutzpah.

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