Judge Orders Former Probate Judge to Surrender Car in DUI Case, Citing Public Safety Concerns

Waterbury, Connecticut – In a rare legal move, former probate judge Peter Mariano, who was found incapacitated in his home, has been ordered to forfeit custody of his vehicle as a condition of his release on a $150,000 bond. This directive, issued by Judge Jane Grossman, came after the prosecutor highlighted Mariano’s continuous threat to public safety due to his persistence in driving despite severe health issues.

Prosecutor Maureen Platt of Waterbury State’s Attorney’s office drew a parallel between the relinquishment of Mariano’s car and gun restrictions under protective orders. “Just as firearms are often restricted, in this case, the vehicle is considered an instrument of crime given the defendant’s history with DUI,” said Platt. She noted that this application of law to a vehicle is unusual but warranted by the circumstances.

Mariano, 64, a longtime resident of Naugatuck, used a walker during his recent court appearance. His physical condition has been in focus since police found him lying helplessly on his home’s floor. Shortly after being treated at a hospital, he was detained.

The current charge against Mariano stems from an incident last October, when Naugatuck police responded to a report of a driver asleep in a car. He was arrested for driving under the influence and using another person’s credentials to bypass an ignition interlock device aimed at preventing his vehicle’s use while impaired. Mariano had sold his former Hillside Avenue home for $500,000 around this time, as indicated in police and borough assessment reports.

Mariano’s legal representatives did not challenge the demand to surrender the car but did request a moderating of bond conditions due to his health issues. Attorney Tim Sullivan sought a few days to arrange for Mariano’s 2017 BMW to be transferred to a secure location.

Judge Grossman affirmed the necessity of the vehicle relinquishment to prevent potential harm. She sternly warned Mariano, “You’re going to kill yourself or kill somebody else. You’re very unwell and you’re putting yourself at great risk.”

Mariano, who previously pleaded guilty to two counts of operating under the influence as a first offender and reckless endangerment in 2022, has had repeated run-ins with the law over his driving under the influence. His past legal troubles included a brief jail stint of four days.

This latest court order marks a unique application of legal constraints often reserved for different categories of personal property, suggesting an innovative and arguably necessitous legal stance on handling DUI cases involving continuous risk posed by habitual offenders.

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