An upstate judge who did a stint behind bars for DWI, and whose lawyer told the court at her sentencing "She will violate probation the moment you put her on probation," is accused of violating her probation just hours after she was released.
Leticia Astacio, 35, was released from jail on July 13 after serving a 60-day sentence for driving under the influence of alcohol, USA Today reported. Astactio was arrested in February 2016 and sentenced on July 6 -- though she had already served most of her jail time. She was ordered to serve three years of probation and required to wear an ankle monitoring bracelet for six months.
But apparently Astacio -- much as her lawyer predicted -- couldn't make it through one day.
The judge's ankle bracelet registered her blood alcohol content as 0.127 percent on July 14, a report filed by her probation officer stated. She initially also failed to plug in the base unit for an ankle monitor, according to USA Today.
The report said Astacio claimed her Boscia foot cream contained alcohol and triggered a high alcohol reading, though her probation terms also state she cannot use products containing alcohol.
Astacio's lawyer also denied to WHEC that her client violated her probation. Astacio is expected to appear in court Thursday.
At her July 6 sentencing, Astacio's lawyer told the judge her client "is not willing to do probation.
"She will violate probation the moment you put her on probation," the lawyer said, to which the judge replied: "Then we will come back [to court]."
A petition to have Astacio removed as a Rochester County judge has also been circulating, urging officials to remove her because is "grossly unfit" for the job.