Scarborough Town Councilor Judith Roy has accepted a plea agreement in her drunken-driving case that allows her to avoid jail time.

Roy, 68, was charged with operating under the influence and a separate count of operating under the influence with a blood alcohol content of 0.15 percent, which carries a mandatory penalty of two days in jail.

Roy pleaded guilty to the lesser charge, under the agreement, and the more serious charge was dismissed. She was fined $500 and her license was suspended for 90 days starting Jan. 13, the date she accepted the arrangement with the Cumberland County District Attorney’s Office.

Roy’s blood-alcohol tested at 0.16 percent, said Assistant District Attorney William Berry. Because of the test’s margin of error, the prosecution may not have been able to prove beyond a reasonable doubt that her blood-alcohol was at that level, he said.

“It’s an offer we make to anybody with a 0.16 unless there’s a crash or injury,” Berry said Wednesday.

Roy was charged in an incident on Sept. 17. A motorist reported that there was an erratic driver on Black Point Road in Scarborough, and that the car’s body was damaged.

The motorist followed Roy to her home, where a police officer met them. Police have said Roy was taken to Scarborough’s police station after she pulled into her driveway. She was issued a court summons and was not booked at the county jail.

The damage to her car was from an unrelated fender-bender earlier in the day, according to police.

Roy could not be reached for comment Wednesday.

In the week after the incident, Roy apologized to Scarborough residents, and her family, friends and fellow councilors. She did not attend the Town Council meeting a few days after the incident, saying she felt physically and emotionally ill.

Roy has been on the council since 2007. She also served from 1990 to 1999.

At the time of the incident, Roy was the Town Council chairwoman. She has been vice chair since December. The council selects its chair and vice chair after elections.

Council Chairman Ronald Ahlquist said Roy was a very good council chair but was uncomfortable about seeking the post again because of her legal situation. He said he volunteered to step up – if she would be vice chair.

“We all make mistakes. She made a mistake and she paid for that,” he said.

Councilor Karen D’Andrea said she hasn’t seen any evidence of Roy’s situation affecting the council’s work.

“Certainly, if she had run for chair again, I think the OUI could have been a distraction for the council,” D’Andrea said. “So, I think she made a good decision.”

The code of ethics for the Town Council does not address criminal convictions.

Staff Writer Ann S. Kim can be contacted at 791-6383 or at:

akim@pressherald.com