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LOCKPORT – Defense attorney James J. Faso Jr. talked Niagara County Judge Sara Sheldon Farkas out of imprisoning a North Tonawanda man for felony driving while intoxicated Friday.

Farkas said this was the fourth DWI conviction for Mayne D. Marvin, 55, of Payne Avenue, who rang up a .28 percent blood alcohol reading after his auto struck some parked cars July 14, 2013, in North Tonawanda. He was on probation for another DWI at the time.

“How do I not incarcerate him?” Farkas asked.

Faso said Mayne would lose a high-paying job as an engineer if he went to prison, and he finally persuaded Farkas to impose five years’ probation, fines and fees total $5,520, and a year of ankle bracelets monitoring his movements and his alcohol intake. Farkas said Marvin is under house arrest except for work, church, and Alcoholics Anonymous meetings.