A Morganton man dressed in a Care Bear onesie was charged with driving while impaired Saturday after an officer spotted him driving his moped without its lights on, according to an arrest report.
Officer E.W. Connor with the Morganton Department of Public Safety was driving on West Union Street around 4 a.m. when he noticed the moped, driven by Keith William Hurley, 39, coming toward him in the opposite lane, the report said.
Connor noticed Hurley was wearing a black helmet and a light blue fleece onesie, “which was later determined to be a care bear costume,” the report said.
Hurley turned into the First Baptist Church parking lot on West Union Street after Connor turned around to stop him, the report said.
When Connor pulled into the parking lot and drove toward Hurley, he noticed him digging underneath the moped’s seat, the report said.
Connor asked why Hurley did not have his lights on, and he replied that he had a short, the report said. Hurley said he had a DOT-approved flashlight he was attaching to the front of his moped.
Connor noticed the onesie Hurley was wearing was a Grumpy Bear Care Bear costume, the report said. The costume was unzipped almost to his waist, and Hurley had glitter on his face and chest, the report said.
Hurley told Connor that he was coming from work at a downtown eatery, where he is a manager, the report said. Hurley told the officer his work was having a Halloween event, and that’s why he was dressed like a Care Bear.
Connor noticed alcohol on Hurley’s breath and that his eyes were red and glossy, the report said. Hurley said he had a couple of beers at a downtown bar and had been sitting at the bar to sober up, the report said.
Hurley also told Connor he thought he was sober enough to leave the bar and that he knew the lights didn’t work, the report said. He thought it was fine because he was “only a few blocks from home,” the report said. Google Maps, however, lists his home as being 3 miles away from the bar, the report said.
Hurley attempted field sobriety tests, but “performed poorly,” the report said.
Connor charged Hurley with driving while impaired, the report said.
“Was there something wrong with my driving,” Hurley asked, according to the report. “You saw I was driving fine.”
While at a local jail, Hurley refused to take a breath test, the report said. Hurley said that because his license already was suspended, he did not see a reason to consent to the test, the report said.
A search warrant was granted to Connor to get a sample of Hurley’s blood, the report said. Hurley said he would not consent to the blood draw either and that officers would have to “strap him down,” the report said.
“It is my body, and you have no right to take blood from me,” Hurley said, according to the report.
Officers explained that they had the right to take his blood because of the warrant, the report said.
“I’m not consenting to a sample, but I will not fight,” Hurley said, according to the report.
Connor transported Hurley to the magistrate’s office, where he was given a $1,000 bond, the report said. He was then placed in a local jail, the report said.
George Orwell : Because the government had fooled him into thinking that he was crossing the road of his own free will, when he was really only serving their interests.
Highway Patrol Troopers say that Whitney was observed driving a black Pontiac G6, on I-25, near milepost 184. Reports say that the Pontiac was observed going 90 mph, in a posted 80 mph zone.
Troopers say that they further observed the Pontiac fail to maintain it’s lane of travel while driving.
A stop was initiated and an arrest affidavit says that when the Pontiac pulled over it struck the curb, and the driver stopped the car with the vehicle’s front passenger tire parked on the curb.
Troopers contacted Whitney and note that they could smell an odor of marijuana and alcohol about the suspect’s person. Troopers also report seeing a black canister labeled “THC,” and a multi-colored glass pipe with suspected marijuana in the bowl. The affidavit says that both the canister and the pipe were in plain view on the passenger seat.
When questioned, Troopers say that Whitney admitted to having a gram of marijuana in the vehicle, and saying that his last drink had been a rum and cola, at a bar in Fort Collins, two hours before the stop. Whitney further advised that he worked at the bar.
Whitney was taken into custody, and a subsequent search of the vehicle yielded an open Bud Light bottle that was described as “cool to the touch,” found in between the passenger seat and center console. Further, Troopers report finding a six pack of Bud Light in the car, with two of the bottles removed.
In the trunk of the vehicle Troopers discovered approximately 1.2 pounds of suspected marijuana, divided up between four separately packaged vacuum sealed bags.
After a field sobriety test, Whitney was placed under arrest just after midnight.
During his initial appearance in Natrona County Circuit Court, Whitney was charged with Felony Possession of Marijuana and Driving While Under the Influence. Whitney’s bond was set at $10,000 cash or surety.
All of those cited or arrested are presumed innocent until convicted in a court of law. Charges are subject to change following official filings from the Natrona County District Attorney’s Office.
PLATTSBURGH — The only physician in Clinton County authorized to prescribe medical marijuana has been charged with driving while under the influence of drugs.
Dr. Richard D’Amico, 48, of Plattsburgh was arrested Friday, Nov. 10, and charged with driving while his ability was impaired by drugs, a misdemeanor, after a traffic stop on the downtown stretch of Margaret Street.
Plattsburgh City Police Lt. Bradley Kiroy said a plainclothes police officer reported to Plattsburgh City Police that he saw D’Amico park his car and get out and that he was visibly intoxicated.
When officers arrived around 9:54 p.m., D’Amico was pulling out of the parking space and heading north on Margaret Street.
They saw him swerve from his lane without using his turn signal, Kiroy said.
Police pulled D’Amico over and had a blood test performed.
“The results of the test have not been returned,” Kiroy said.
Besides the DWAI charge, D’Amico was ticketed for failure to keep right on a two-lane road and failure to use his turning signal.
He was held and then arraigned the next morning in Plattsburgh City Court before Judge Mark Rogers, then released on his own recognizance.
D’Amico could not be reached for comment Friday. His lawyer, Patrick McFarlin, said his client had no comment on the arrest.
D’Amico is due back in court on Thursday, Dec. 21.
William Shakespeare : I don’t know why, but methinks I could rattle off a hundred-line soliloquy without much ado
WELLSBORO – Wellsboro Fire Department First Assistant Fire Chief Robert S. McCarthy, 53, of Wellsboro faces charges of driving under the influence of intoxicants and careless driving after he allegedly cut the corner on the way to a dispatch Oct. 27 and ran onto the sidewalk, nearly hitting several people.
According to documents filed at District Judge James Edgcomb’s office in Elkland, McCarthy was driving a Freightliner fire truck too fast around the corner of East Avenue and Main Street about 10:30 p.m., causing adults standing in front of the Wellsboro Diner to pull children back out of the way and jump out of the way themselves to avoid being hit.
McCarthy will appear before Edgcomb in District Judge Rob Repard’s courtroom Tuesday, Dec. 12 at 1:30 p.m.
Repard recused himself from hearing the case because he is acquainted with McCarthy.
Petra Henderson was the designated driver on a bar crawl with her husband. But after the last stop of the night, she says he jumped on her Harley and offered a choice: get on the back or walk home.
An argument ensued, but Henderson eventually got on board. It was only 12 blocks to their home in Robinson, but police saw the motorcycle swerving, and the husband was arrested for driving under the influence of alcohol.
The government says Henderson consented to letting her husband drive drunk — and on a suspended license — so it moved to seize the Harley.
A trial judge approved the seizure, saying he didn’t believe the Hendersons’ story, but that was reversed on appeal.
Arguing for the government Wednesday was Assistant Attorney General Jason Krigel. He told the Illinois Supreme Court that the state has an interest in preventing alcohol-impaired driving, and only allows forfeiture in a narrow range of cases.
“It doesn’t apply to every DUI. It doesn’t even apply to every aggravated DUI,” Krigel said. “The General Assembly has identified particular crimes that warrant this additional deterrence and punishment. For instance in this case, claimant’s husband was intoxicated; he also had to be driving on a revoked license and it had to have been revoked because of a previous DUI conviction.”
Krigel also says Henderson is culpable for her husband’s crime because she consented to let him drive home. That drew a skeptical inquiry from Justice Anne Burke: “In real life, what is she supposed to do? Drag him off the motorcycle? So what kind of consent is that?”
Krigel says the trial judge didn’t believe that story.
For her part, Henderson says she paid $35,000 for the motorcycle in 2010, and was still paying it off when it was seized in 2014. She argues that taking it is an “excessive fine,” prohibited by the U.S. Constitution.
“I would submit, your honor, the thing that Petra did wrong that night was exercise bad judgment,” her lawyer, James Campion, told the justices. “The facts show that she was arguing with her husband in the parking lot at 12:30 at night — of the bar — as to whether he should drive or not. Knowing that the trip was only going to be three to five minutes, she then made the decision to allow him to drive while he was intoxicated.
“For this act of hers, this bad judgment, the state feels that the taking of her valuable motorcycle … was justified,” Campion said. “We would submit that under the facts of this case, the forfeiture Petra Henderson’s motorcycle was an excessive fine, and in fact was in violation of the Eighth Amendment of the United States Constitution.”