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By MICHELE MAY Rappahannock News Staff Writer
GLzed eyes at three in the morning is not “probable cause” to arrest for driving while intoxicated.
That was the decision of Judge John Alexander during the November 1 session of general district court when he dismissed DWI and reckless driving charges that state police brought against Kimberly Jean Gibbs of Washington following a September 25 single car accident.
When police arrived on the scene, Gibbs was waiting on the passenger side of the car and said she had swerved to avoid a deer which had darted in front of her as she was driving south on Route 522, according to trooper Harry Newlin. Gibbs told him the accident had occurred half an hour before and that she had gone home to call the police. Gibbs admitted to having a glass of wine three hours before at a class reunion and submitted to a blood test which showed just .10 percent alcohol level, which is the dividing point to determine legal intoxication.
Gibbs’ lawyer Casey Struckman of Front Royal
90.5%