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Two charges against Irvin Lewis Jenkins, driving while intoxicated and refusal to take a breathalizer test, were both dismissed by Judge John Alexander during Tuesday’s General District Court.
Jenkins was charged with the offenses by State Trooper R.A. Baines after Baines was called to the scene of an accident involving Jenkins' pick-up truck. The accident occurred January 21 on Route 612.
Trooper Baines testified that Jenkins’ truck was over a steep embankment when he arrived at the scene at 7:55 p.m., and that Jenkins told him that the truck slid on some ice into a tree that gave way. Trooper Baines said that he noticed the odor of alcohol on Jenkins’ breath and that his speech was slurred, but Jenkins had no noticeable problems with his coordination.
Since there was no further proof of Jenkins’ lack of coordination and the road was icy. Judge Alexander dismissed the case. In connection with the same incident, Jenkins was charged with refusing to take a breathalizer test.
Trooper Baines said that he had been called to the scene at 7:45 p.m., but that he did not know the exact time the accident occurred. Jenkins’ lawyer. Jack Berry of Madison, asked that the charge be dropped since it was not proven beyond a reasonable doubt that Jenkins was taken for the test within two hours of the accident. The charge was dismissed.
Other cases decided Tuesday included:
Rickey Lee Jenkins, drunk in public, continued to April 9.
Richard Daniel Frazier, non-payment of fine/costs, continued to April 9.
Richard H. Allan III, 70/55, $30/$20.
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