UTICA, N.Y. -- A Utica judge is issuing an arrest warrant for the Former Oneida County STOP DWI Coordinator.

55-year-old Thomas Giruzzi was arrested in Utica in March. A deputy said he spotted Giruzzi driving his personal vehicle while talking on the phone without a seat belt on, and allegedly in possession of cocaine.

He's facing two infractions and a misdemeanor, but hasn't been arraigned yet.

Giruzzi's lawyer appeared on his behalf in Utica City Court on Wednesday. He says Giruzzi couldn't be in court because he was out of state voluntarily getting treatment.

Giruzzi was available by phone, but the judge still wanted him in court.

"I can't get into the judge's head to see why he denied this request because where Mr. Giruzzi is treating the problem that led us to this situation, being treated is 'good cause', and I'd ask the court to reconsider that but that's for another day," said defense attorney David Longeretta.

Giruzzi's attorney hopes Giruzzi will be able to finish treatment next month and then come back for court.