A panel of appellate court justices has busted a Mount Vernon lawyer who has been busted several times for unprofessional conduct.
The Second Appellate Court suspended Benjamin E. Thwaites from practicing law for six months, on Aug. 20.
“Under the totality of the circumstances, including the respondent’s multiple convictions, the violations of the terms of his probation, his prior disciplinary history, and his submission of evidence of his good character,” the judges concluded, “the respondent’s conduct warrants his suspension from the practice of law.”
Thwaits studied law at the University of Kent, in Canterbury, England, and has practiced in New York since 2007. He has handled matters such as matrimonial cases and landlord-tenant disputes.
In 2023, the appellate court directed Thwaits to testify at a hearing before a special referee, retired judge Arthur J. Cooperman, to explain why he shouldn’t be disciplined for infractions dating back to 2014.
Cooperman concluded that Thwaits had failed to demonstrate why he should not be disciplined. Last year, the local lawyers’ grievance committee asked the appellate court to adopt Cooperman’s findings. The court agreed, and it summarized a decade of allegations.
In 2014, for example, Thwaites was arrested in the Bronx for drunk driving and charged with three misdemeanors. Thwaites stated that had had drunk two glasses of wine. Police claimed they saw bloodshot eyes, slurred speech, a flushed face, unsteady gait and strong odor of alcohol. A breathalyzer test recorded 0.265 blood alcohol, more than twice the New York threshold for drunk driving.
Thwaites claimed he was stopped for driving without his headlights on, which was not possible in his car. But on the advice of his attorney, he pleaded guilty to one charge. He was sentenced to jail for six days, placed on probation for three years, fined $1,395 and his driver’s license was suspended for a year.
In 2017, he was arrested in Mount Vernon for drunk driving, refusing to submit to a drug test, and driving with a restricted license. Police allegedly saw his car drifting back and forth and almost hitting a guard rail and parked cars. He had a strong odor of alcohol, was unable to follow simple directions, his coordination was poor, his eyes were bloodshot, and he refused to take a breathalyzer test.
Twaites testified at his hearing that he had just dropped off his son, and he “would certainly have not been under the influence.” He refused to take the breathalyzer test due to the “aggressiveness” of the police officer. But on the advice of his attorney, he pleaded guilty to one charge. He was placed on probation for three years, fined $895, and his license was suspended for a year.
Four times in 2019, the Department of Probation reported violations to Mount Vernon City Court. He allegedly failed to report to alcohol and drug testing, attend a treatment program, refrain from consuming alcohol, and submit to alcohol and drug testing. When he was ordered to wear an alcohol monitoring bracelet, due to refusal to be tested for drugs, he could not be fitted for the device because he had alcohol in his system.
Thwaites admitted at a disciplinary hearing that he had violated the terms of his probation. But he said he cooperated in every way possible and the probation officer was “proactively aggressive.”
Thwaites also failed to report his convictions to the local lawyers’ grievance committee and to the appellate court, as required by law.
Twaites also was disciplined previously, including a letter of caution, a public censure, a letter of advisement, and an admonition.
The appellate court confirmed Cooperman’s report and suspended Twaites for six months, beginning on Sept. 19. He may apply for reinstatement no earlier than Feb. 19, 2026.
