police say they repeatedly instructed j.b. silverthorn of orchard park , new york , not to drive home from grand island town court on monday night .
the warning came after they noticed he ` smelled of alcohol '
despite the threat , silverthorn proceeded to get in his car and pull out the parking lot before being stopped by deputies .
he 's currently being held in the erie county jail with his bail set at $ 1,000 .