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Jamps Robert Brady was found guilty of driving while intoxicated and was certified as an habitual offender after a preliminary hearing during Tuesday’s General District Court. Brady, who was represented by Doug Baumgardner, pled not guilty to the DWI charge.
Both charges stemmed from incidents on May 22, 1985 when Trooper H.A. Newlin saw Brady sitting in a truck in a yard on Route 522. Trooper Newlin testified that he knew that Brady had been declared an habitual offender, so he turned around to determine if Brady intended to drive on the road.
After being declared an habitual offender, a person loses his or her privilege to drive for 10 years, and if caught driving during that period, is sentenced to a year in jail.
Trooper Newlin said that he had turned around a second time to go back past the residence when Brady passed him in the truck. Trooper Newlin turned to follow, and Brady pulled onto a dirt road leading to a field. “The vehicle stopped at the gate to the field, and I saw Mr. Brady get out of the driver’s side of the truck and he ran into the woods,” Trooper Newlin said.
At that time, Trooper Newlin called for assistance, and Brady was found about 45 minutes later after being tracked by another trooper’s dog. Trooper Newlin then placed Brady under arrest for driving after having been declared an habitual offender and for DWI after he noticed the odor of alcohol around Brady and that there was an open can of beer in the truck.
Brady’s blood alcohol level registered at .11. A person is judged legally intoxicated when the level is .01 or above. Baumgardner said that no evidence had been presented that Brady had not had anything to drink while he was in the woods before his arrest.
Judge John Alexander said that there were no beer halls in the woods and that Brady had left an open beer in the truck when he ran from Trooper Newlin. Judge Alexander then found Brady guilty of DWI and certified the habitual offender charge. A circuit court grand jury will receive the certification and will decide whether or not to return an indictment.
Judge Alexander fined Brady $200 in addition to $20 costs, sentenced him to 10 days in jail and suspended his operator’s license for an additional six months. Baumgardner asked that the cash bond amount of $10,000 for Brady, set by the magistrate, be reduced.
Commonwealth’s Attorney Peter Luke said that the high bond had been set because the magistrate feared for the public’s safety. “He (Brady) was just indicted yesterday for another habitual offender ruling, and this court has just certified another habitual offender charge against him,” Luke said. “He can’t control himself enough not to get behind the wheel when he’s drunk.”
Judge Alexander, saying that $10,000 was a heavy bond, reduced the
bond to $2,500. Brady will appeal the DWI conviction.
Other cases decided Tuesi ay included:
Milbum G. Warfield, DWI, no helmet, continued to August 13.
Isaac Abraham, 71/55, $32/$20.
Frederick K. Beaver, 67/55, $24/$25.
Jerry Keith Boyd, DWI, defective equipment, reckless driving (80/55), no operator’s license, capias issued.
Charles Keith Bybee, 69/55, $42/$25.
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