Program could help state trooper avoid OUI charges

The state trooper arrested on suspicion of drunken driving this past weekend could avoid all charges if he’s accepted into a court program meant to help veterans.

Trooper Alfred G. Burgos, 35, who earned $122,600 last year, was arrested Saturday shortly before midnight while offduty after being stopped in the Goodwin Circle Rotary in Lynnfield.

Judge Richard Mori yesterday continued Burgos’ arraignment in Peabody District Court until June 20 so Burgos can be considered for the VALOR Act Diversion Program for veterans with no prior records or outstanding cases. If Burgos is deemed eligible, he could avoid arraignment on drunken-driving-related charges, prosecutors said.

Burgos, a former Marine, faces charges of operating under the influence of liquor, negligent operation of a motor vehicle and marked lanes violations.

According to court records, multiple 911 calls reported a Toyota Highlander driving “erratically” and using all lanes while speeding up and slowing down, police said.

When Burgos was pulled over by a fellow trooper, he had bloodshot eyes, his breath reeked of alcohol, his zipper was down and, when asked for a driver’s license, “He produced a different ID card from his wallet,” police said. The reports did not state whether Burgos identified himself as a trooper.

Burgos refused to take field sobriety tests and also refused a chemical test to determine his blood-alcohol level, police said.

Burgos was assigned to the force’s Division of Investigative Services, whose members work with district attorneys on criminal cases.

Burgos’ attorney Daniel J. Moynihan called his client an “exemplary trooper” and said he’s entitled to the VALOR program under the law.

State police spokesman David Procopio said Burgos, who was temporarily relieved of duty, had a duty status hearing yesterday. The hearing could have resulted in a range of decisions from being reinstated to full duty, to placed on paid or unpaid leave, but the result of the hearing was not immediately available, Procopio said.