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Commonwealth’s Attorney Peter Luke pointed out that Virginia law does not require that a car be on a public road for its operator to be charged with DWI. “Running away from the officer constituted resisting arrest no matter what he (Nichols) thought about the legality of sitting in his car,” Luke said.
Judge John Alexander found Nichols guilty of both charges. He fined Nichols $300 in addition to $20 costs, sentenced him to 30 days in jail and suspended his operator’s license for three years for the DWI second offense charge.
For the resisting arrest conviction, Nichols was sentenced to 10 days in jail to run concurrently with the 30 day sentence.
Freeman noted an appeal, but said Nichols will withdraw the appeal in 10 days and will then go to jail.
Other cases decided Tuesday included:
William E. Cameron, assault, no prosecution with peace bond issued; reckless driving, no prosecution.
John Hartshorn Neal, petty larceny, continued to Oct. 1.
Kenneth Lee Foster, destroying private property, continued to Oct. 22 to allow to obtain attorney.
Donald E. Dawson, drunk in public, $15/$20.
Don Harrison, Jr., drunk in public, $15/$20.
Brian Allen Bochette, illegal use of dumpster.
James Oakley Jenkins, non-payment of fine/costs, continued.
John W. Childrey, tax evasion, continued to Oct. 22 to allow to obtain attorney.
David Grey Shifflett, following too closely, $50/$25.
Helen G. Hopps, improper stopping on roadway (accident), Daniel James Batiste, 70/55, $30/$20.
Clyde C. Bender, no inspection sticker, $10/$20.
Matthew Curtis Berens, no county sticker, $15/$25.
Brian Allen Bochette, driving on suspended license, continued to Oct. 29 with capias issued.
Catherine Sue Campbell, no county sticker, $15/$20.
Lewis Mason Foster, reckless driving, continued to Nov. 12.
James Montgomery Hackley, no county sticker, $15/$20.
Louis M. Hatter, Jr., 71/55, $32/$25.
Robert Christopher Hetzer, 70/55, $30/$25.
Ellsworth Mitchell Shank, 73/55, $36/$25.
Clifton George Anderson, 76/55, $42/$25.
Stephen Joseph Barowski, 73/55, $36/$25. -
Thomas Michael Beaver, 68/55, $26/$20.
Arthur M. Billings, DWI, no prosecution due to low blood alcohol result.
Carroll E. Eleazor, no valid operator’s license, $25/$25; defective equipment, $25.
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