Councilor takes plea in OUI case

Scarborough Vice Chairwoman Judith Roy avoids jail in Sept. 17 drunk-driving incident

SCARBOROUGH — Judith Roy, vice chairwoman of the Scarborough Town Council accepted a plea bargain in connection to her Sept. 17 summons for drunk driving.

Roy faced two counts stemming from the incident – the standard charge for operating a motor vehicle with a blood alcohol content above the legal limit of 0.08 percent (a class D crime, carrying a $400 fine for a first offense and a mandatory suspension of driving privileges for 90 days), and another related to the 0.15 percent BAC at which she actually tested (which could have netted her 48 hours in jail).

Assistant District Attorney William Barry offered to drop the more serious charge in return for a guilty plea to the lesser offense. Roy’s attorney, Matthew Nichols, declined to accept the offer at a pre-trial conference Jan. 3, but eventually took the deal, approved Jan. 13 by Justice Richard Mulhern.

Roy ended up paying $640 including court fees and surrendering her driver’s license for 90 days. Because Roy’s license was taken when she was indicted Nov. 2, she will be free to drive again on Feb. 4.

Roy has refused all comment to the press on the resolution of her case, saying prior to a recent council meeting, “I don't want you [the media] out there all over me again, printing wrong material. You never get it right.”

Roy, 68, was chairwoman of the council on Sept. 17 when she attended the 50^th anniversary of her Scarborough High School graduating class, held at the Higgins Beach Inn. According to Scarborough Police Chief Robert Moulton, shortly before 10 p.m. that night, a motorist called “from the corner of Black Point and Old Neck roads” to complain about the “erratic operation” of Roy’s 2011 Subaru Legacy, which appeared to have already been in an accident, given the body damage it had sustained.

Moulton said Officer Robert Moore arrived at Roy’s Second Avenue home just as she pulled into the driveway, with the unnamed tipster still on her tail. Roy was taken to the Scarborough police station, where she was given a breathalyzer test and issued a summons, instead of being arrested. Moulton says officers are authorized to use their discretion in such cases.

“We let her go on her own recognizance, which is pretty standard for individuals who are well-ingrained in the community here and where we know they are going to appear in court,” he said at the time.

Rumors also circulated that Roy had been in two accidents just prior to the report of her erratic operation. The day after her summons, Roy and another person appeared at Scarborough PD to report a collision, described by Moulton as a “very minor, non-reportable accident with very minor damage.” It occurred in the town-owned parking lot across Ocean Avenue from the Higgins Beach Inn, just before Roy set out for her home on the night of her summons.

In an interview with the Portland Press Herald, Moulton said the body damage reported by the 911 caller “didn’t appear” to stem from the parking lot accident. This seems to have fueled the second-accident theory. However, an accident report shows the more extensive damage was the result of a separate Aug. 23 crash, when Roy backed out of her driveway into a Ford F-250 pick-up truck parked on the opposite side of Second Avenue. There was no second crash Sept. 17.

At her first meeting back, Roy apologized and said she would not seek the chairmanship again. She also said she had no intent to resign. Some councilors, however, wanted her to act again as chairwoman.

“I absolutely advocated for Judy, she was an incredible chairman,” said Ron Alquist. “She’s worked tirelessly for this town. I think what occurred was a personal thing and I can separate the two. We all make mistakes. The majority of the council supported her.”

After initially agreeing to stand for re-election, Roy had second thoughts, ultimately deciding “not make myself a target for all the mudslinging,” that might result from retaining the chair and distract the council from its business.

Ahquist was eventually voted chairman while Roy now serves as vice chairwoman.