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, April 24, the 114th day of 2014. There are 251 days left in the year.

1864 -- 150 years ago: We learn that it is a contemplation to start a paper mill in Rock Island during the summer by a gentleman from the East.
1889 -- 125 years ago: The gates of Oklahoma were swung open at noon today, and a throng of more than 30,000 settlers started over its soil.
1914 -- 100 years ago: The Iowa Coliseum Co. was incorporated with $40,000 capital and planned a building on 4th Street between Warren and Green streets in Davenport.
1939 -- 75 years ago: Plans are being discussed for resurfacing the streets in the entire downtown district of Rock Island.
1964 -- 50 years ago: Some 45 jobs will be created at J.I. Case Co.'s Rock Island plant in a expansion of operations announced yesterday afternoon at the firm's headquarters in Racine, Wis.
1989 -- 25 years ago: Gardeners and farmers cheered, but not all Quad-Citians found joy Saturday as more than an inch of rain fell on the area. Motorists faced dangerous, rain-slick roads as the water activated grease and grime that had built up during dry weather.








(More History)