The attorney representing Rochester City Court Judge Leticia Astacio has filed a motion to dismiss the probation violation case against her. Gregory Salmon filed the paperwork this afternoon.

It says that a hair follicle test Judge Astacio took on August 25th showed she hadn’t had a drink of alcohol for three months, although she’s been accused of repeatedly violating the order to stay away from alcohol. Other charges include leaving the county and visiting the del Lago Resort and Casino without permission, which would be a violation of her probation.

Attorney Gregory Salmon says Judge Astacio took the test of her own volition and calls it the most reliable test available.

Salmon tried to get bail for Judge Astacio on Wednesday, but Judge William Kocher said the Monroe County Court didn’t have the power to do that.

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