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The Colgate defense.
State Sen. Anthony D. Galluccio has failed random alcohol tests – blaming his toothpaste – while on home confinement less than a week after pleading guilty to a hit-and-run crash in Cambridge.
A judge could rule as early as tomorrow if the Cambridge Democrat should be sent to jail for violating terms of his sentencing.
Galluccio pleaded guilty Friday to an Oct. 4 hit-and-run accident that injured two people, including a 13-year-old boy.
He vowed to stay off booze, but the Herald has learned he failed random alcohol tests given at his home.
Galluccio admitted today in a statement he failed Breathalyzer tests blowing “low level positive reads over the course of an hour.”
He blamed the positive readings on his choice of toothpaste.
“After discussing it with a physician, we have determined that is the result of my using two toothpastes – Colgate Total Whitening and Sensodyne Toothpaste, both of which contain sorbitol,” Galluccio added. “While I knew that mouthwash or cold medicine would set the machine off, it did not occur to me that toothpaste would.”
Gallucio is a menace and his hack status got him a sweetheart deal of home confinement. He blew it (literally) and he should be found in violation of his probation and should serve the rest of his sentence behind bars.
Update 12/23 @ 4:19 p.m.: Gallucio avoided jail today, but the judge ordered 24 hour house arrest until the full probation violation hearing on January 4th. In Massachusetts, when a probation officer reports a defendant for what they perceive as a violation of probation, the defendant has a probation surrender hearing where probable cuse is determined. The defendant will then have a full probation violation hearing (like a mini trial). If the defendant is found to be in violation at that hearing he or she will most likely end up going to jail for the remainder of what was supposed to be probation. Judges do have discretion to hold a defendant pending the full hearing. Today, Judge Nestor opted not to hold Gallucio – who obviously has a serious addiction to alcohol – over the objections of the district attorney.
Oh to be a hack in the Commonwealth of Massachusetts.