On Wednesday, December 27, 2023, the Appellate Division of the Supreme Court of the State of New York for the Second Judicial Department publicly censured attorney Thomas Michael Fleming II for a drunk driving conviction in 2021.

The case is entitled “In the Matter of Thomas Michael Fleming II,” with case no. 2021-07352.

Fleming pleaded guilty on August 9, 2021, to driving while intoxicated, a violation of New York Vehicle and Traffic Law Section 1192(2), an unclassified misdemeanor. He was sentenced to a conditional discharge for one year, a $500 fine, $396 in surcharges, and a six-month license revocation with 20 days stayed.

According to the filing, on January 25, 2021, at around 8:07 pm, Fleming was driving northbound in the southbound lane of Walt Whitman Road in Huntington Station when he collided with two vehicles traveling southbound. One driver was injured and taken to Huntington Hospital. When police interacted with Fleming at the scene, he smelled of alcohol and appeared unsteady on his feet with bloodshot, watery eyes and slurred speech. He failed field sobriety tests. A breath test around two hours later showed his blood alcohol content was 0.16%, double the legal limit.

At a disciplinary hearing on May 10, 2022, Fleming testified he had about three scotches at his law office to celebrate employees returning to the office after COVID-19 lockdowns. He said driving home was the “biggest mistake of his life.” Despite showing remorse, the appellate court found Fleming failed to prove why he should not be disciplined for the conviction. Given the circumstances, including causing injury to another driver, the court publicly censured Fleming. The censure will now appear on his professional record.

The Disposition states:

“ORDERED that the respondent, Thomas Michael Fleming II, is publicly censured for his professional misconduct.”

According to lawyersjustia.com, Mr. Fleming II attended the Indiana University. He acquired his law license in New York in 2003.

A copy of the original filing can be found here.