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 Saturday, April 19, the 109th day of 2014. There are 256 days left in the year.

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1939 -- 75 years ago: Col. Charles Lindbergh has stated that he is convinced that Germany's air force is equal to the combined sky fleets of her potential European foes.
1964 -- 50 years ago: Small gas motors may be permitted on boats in the lake to be built in Loud Thunder Forest Preserve. The prospect was discussed yesterday at a meeting of the Rock Island County Forest Preserve Commission.
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