Brian France’s court case was adjourned Friday until Dec. 14 for a conference. He did not appear in Sag Harbor Village Justice Court. France’s defense attorney, Edward Burke Jr., appeared on his behalf, Sheila Kelly, director of communications for the Suffolk County District Attorney’s Office, told NBC Sports.
France was arrested Aug. 5 for aggravated driving while intoxicated and criminal possession of a controlled substance in the 7th degree. He has remained on indefinite leave as NASCAR Chairman since Aug. 6.
France was detained by Sag Harbor Village (New York) police after he failed to stop at a posted stop sign. Police determined that France was operating the vehicle in an intoxicated condition. USA Today reported that France registered a .019 in an initial Blood Alcohol Content screening and .018 in a subsequent Blood Alcohol Content test.
The New York State Department of Motor Vehicle website lists the penalties for alcohol and drug-related violations. It states that aggravated driving while intoxicated is where an individual has a Blood Alcohol Content of .18 or higher. In New York, a person is considered driving while intoxicated if they have a Blood Alcohol Content of .08 or higher or exhibit other evidence of intoxication.
The mandatory fine for aggravated driving while intoxicated is $1,000 – $2,500. The maximum jail term is one year. The mandatory driver license action is to revoke it for at least one year.
New York law defines criminal possession of a controlled substance in the seventh degree when a person knowingly and unlawfully possesses a controlled substance. It is a Class A misdemeanor.
A misdemeanor in New York is defined as an offense other than a traffic infraction in which a sentence in excess of 15 days but not greater than one year may be imposed. Upon conviction of a Class A misdemeanor, a court may sentence an individual to a maximum of one year in jail or three years probation. In addition, a fine of up to $1,000 or twice the amount of the individual’s gain from the crime may be imposed.