Posted Online: Jan. 28, 2013, 8:38 pm

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

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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.