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A driving while intoxicated case in General District Court on Tuesday turned into a legal discussion of the meaning of statutes between George Edward Woodard, Jr.’s lawyer, Jack Berry of Madison, Commonwealth’s Attorney Peter Luke and Judge John Alexander.
Berry said that the Woodard’s warrant stated that he was placed under arrest for DWI and driving with a blood alcohol level over . 15. He cited a statute that makes it possible to separate those charges, and he asked that Luke choose which charge Woodard would be prosecuted for.
Judge Alexander granted Berry’s motion requiring Luke to make an election between the charges, and Luke chose the DWI second offense charge. Woodard pled not guilty to the charge.
Trooper R.A. Baines was then called to the stand to testify about the events on March 9 when he arrested Woodard. Trooper Baines testified that he was working a checking detail stop on Route 522 when he observed a pick-up truck operated by Woodard slowly approaching.
“After he stopped and while he was getting his license for me, I noticed that he had red eyes, his face was flushed and there was a strong odor of alcohol,” Trooper Baines said. He said that he asked Woodard to pull over to the side of the road and get out of the vehicle, and that Woodard fell against the vehicle after he got out.
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