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Daniel Miller Sentenced to Consecutive Prison Terms on Felony DWI and Felony AUO

District Attorney

Daniel Miller, age 65, of Schenectady, New York was convicted on October 31, 2024, after a jury trial, of Criminal Mischief in the Fourth Degree, a class A misdemeanor, Aggravated Unlicensed Operation of Motor Vehicle in the third degree, an unclassified misdemeanor, and Leaving the Scene of an Incident Without Reporting Property Damage, a traffic infraction in relation to the incident that occurred on October 20, 2022. The defendant was also convicted of Driving While Intoxicated, a class D felony, Aggravated Unlicensed Operation of a Motor Vehicle in the first degree, a class E felony, Leaving the Scene of a Personal Injury Incident, a class A misdemeanor, Reckless Endangerment in the second degree, a class A misdemeanor, and Failing to Yield to the Right of Way on a Left Turn, a traffic infraction in relation to the crash that occurred on April 21, 2023. Finally, the defendant was convicted of Driving While Intoxicated, a class D felony, Aggravated Unlicensed Operation of a Motor Vehicle in the first degree, a class E felony, and Circumvention of Interlock Device, a class A misdemeanor, in relation to a traffic stop on July 13, 2023.

Approximately two years ago, on October 20, 2022, Miller went to the Stewart’s Shop on Mariaville Road in the Town of Rotterdam where he crashed his truck into the stand-alone, high-flow diesel pump, causing damages in the amount of $1,194. He then went into the store where he purchased alcohol and cigarettes and left without notifying any worker or law enforcement of the damage. He instead, returned to his vehicle and proceeded to drive away while knowing his license to drive had been revoked. The store clerk was able to identify his vehicle plate by reviewing store video. The defendant was subsequently charged for driving with a revoked license.

On April 21, 2023, Miller again drove to his residence while he was intoxicated and while knowing his license to drive was revoked. He was making a left-hand turn into his driveway, when he turned in front of the victim, Andrew Beckham, age 30, who had been approaching on his motorcycle from the opposite lane of traffic. Beckham reacted quickly and as trained, “dumped his bike” to the ground to avoid a head on collision. In doing so, Beckham began to slide along the road. The defendant then proceeded to drive directly over Beckham’s chest, as Beckham was now underneath the defendant’s vehicle. In doing so, the defendant’s actions resulted in breaking and displacing multiple ribs of the victim. After the crash, the defendant continued to drive approximately fifty (50) feet away from the scene of the crash to his home at the top of his driveway where he exited his truck and went inside his residence. The defendant failed to call for emergency services and failed to aid the victim or provide him with any identifying information. The victim sustained injuries including multiple broken and displaced ribs, and extensive road rash. Other motorists rendered assistance to Beckham and called 911. Mr. Miller was then arrested by members of the New York State Police.

On July 13, 2023, Miller again drove while he was intoxicated and while knowing his license to drive was revoked. After leaving a bar where he consumed two “tall boy” beers, and two shots of alcohol, Miller was stopped by police on a vehicle and traffic matter. Upon interdiction with the officer, Miller exhibited signs of intoxication. As with the April arrest, Mr. Miller refused to submit to blood alcohol testing.  At trial, Miller testified he was not intoxicated but rather suffers from a multitude of self-diagnosed medical conditions.

Following his conviction on all counts at trial, Miller was sentenced on January 8, 2025. Due to the defendant’s extensive criminal history of nine (9) felony convictions (one a violent felony assault) and thirty-six (36) misdemeanor convictions, six (6) separate state prison sentences, as well as his out of state criminal history in the states of Tennessee and Florida, and the fact that these most recent convictions included his eight (8th) and ninth (9th) alcohol related driving charges, the People sought for the defendant to be treated as a discretionary persistent felony offender. The Court declined the People’s request in which Miller faced a possible sentence of a minimum of fifteen (15) years to life and twenty-five (25) years to life in prison on each of the top counts of felony Driving While Intoxicated.

Following the Court’s decision to deny persistency status, the People asked that the defendant be sentenced to the maximum sentence allowed under the law of an indeterminate range of two and one-third (2 1/3) to seven (7) years’ incarceration to be imposed on the top counts of each indictment, the D felony Driving While Intoxicated, to run consecutively for a total possibility of four and two-thirds (4 2/3) to fourteen (14) years’ incarceration. The Court agreed and sentenced the Defendant in accordance with the People’s request. During statements made regarding sentencing, the People noted the defendant’s complete lack of remorse and responsibility taken for his actions, in which the Defendant continuously and adamantly blamed others for his consequences.

The trial was presided over by the Honorable Matthew J. Sypniewski. The case was prosecuted by ADA Marlena Mareno and ADA Nicolaus McDonald with a great deal of assistance from DA Investigator Ryan Maloney and the New York State Police. Attorney Kyle Davis represented the defendant.