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


Share
Posted Online: Jan. 28, 2013, 8:38 pm
Comment on this story | Print this story | Email this story
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.



















 



Local events heading








  Today is Thursday, July 24, the 205th day of 2014. There are 160 days left in the year.

1864 -- 150 years ago: The Rev. R.J. Humphrey, once a clergyman in this city, was reported killed in a quarrel in New Orleans.
1889 -- 125 years ago: The Rock Island Citizens Improvement Association held a special meeting to consider the proposition of consolidating Rock Island and Moline.
1914 -- 100 years ago: The home of A. Freeman, 806 3rd Ave., was entered by a burglar while a circus parade was in progress and about $100 worth of jewelry and $5 in cash were taken.
1939 -- 75 years ago: The million dollar dredge, Rock Island, of the Rock Island district of United States engineers will be in this area this week to deepen the channel at the site of the new Rock Island-Davenport bridge.
1964 -- 50 years ago: The Argus "walked" to a 13-0 victory over American Container Corporation last night to clinch the championship of Rock Island's A Softball League at Northwest Douglas Park.
1989 -- 25 years ago: The Immediate Care Center emergency medical office at South Park Mall is moving back to United Medical Center on Sept. 1. After nearly six years in operation at the mall, Care Center employees are upset by UMC's decision. The center is used by 700 to 800 people each month.








(More History)