Judge to check statutes before ruling if Colona man can be charged with 3rd DUI


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Posted Online: Jan. 28, 2013, 8:38 pm
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By Lisa Hammer, rlhammer@qconline.com
CAMBRIDGE -- Henry County Circuit Court Judge Richard Zimmer plans to check statutes before ruling if John L. Myres, 69, of Colona, can be charged with driving under the influence for a third time if one of his prior arrests involved a motorcraft.

At a preliminary hearing on Monday, Mr. Myres' attorney, Katherine Drummond, said a prior arrest in a boat does not count because state law would have spelled out "motorcraft" rather than describing motor vehicles and specifically excluding watercraft.

"Obviously, the legislature's intent was not to include watercraft or they would have specifically mentioned it," she said.

Assistant Henry County State's Attorney Brian Kerr said operating a vehicle or a watercraft motor craft under the influence are very similar offenses.

Colona police officer Sarah VanHollebeke testified she responded to a June 25 complaint about Mr. Myres drinking in Colona and followed his vehicle about four miles onto Interstate 80 for a traffic stop.

Officer VanHollebeke said he failed three alcohol-related tests before she concluded he was under the influence of alcohol and arrested him, although his breathalyzer tests showed a score of .075, below the legal limit of .08.

The preliminary hearing was continued to Feb. 4.



















 




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  Today is Monday, Sept. 1, the 244th day of 2014. There are 121 days left in the year.

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1889 -- 125 years ago: Bonnie McGregor, a fleet-footed stallion owned by S.W. Wheelock of this community, covered himself with glory at Lexington, Ky, when he ran a mile in 2:13 1/2. The horse's value was estimated as at least $50,000.
1914 -- 100 years ago: Troops are pouring into Paris to prepare for defense of the city. The German army is reported to be only 60 miles from the capital of France.
1939 -- 75 years ago: The German army has invaded Poland in undeclared warfare. Poland has appealed to Great Britain and France for aid.
1964 -- 50 years ago: Publication of a plant newspaper, the Farmall Works News, has been launched at the Rock Island IHC factory and replaces a managerial newsletter.
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