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After seven years, DUI charge against Williamsburg man dismissed by judge
Posted On 11 Jan 2012
A Williamsburg man, who was arrested in late 2004 for allegedly driving while drunk, had his charges dismissed Monday afternoon in Whitley District Court.
About 10:24 p.m. on Dec. 30, 2004, Kentucky State Police Trooper Gary Martin charged Jimmy W. Gray, who was 49 years old at the time, with driving while under the influence of alcohol/drugs and carrying a concealed weapon.
District Judge Cathy Prewitt dismissed the charges Monday afternoon. The court docket notes that the reason for the dismissal was that the arresting officer failed to appear and was no longer with the agency.
Martin, who retired from the Kentucky State Police in January 2009, said Tuesday afternoon that no one contacted him about Monday’s hearing.
"All I can tell you is I didn’t get a subpoena. If I got subpoenaed. I would have had to have been there," he noted.
Court records indicate that from Oct. 26, 2005, until Monday’s dismissal, there was only one other scheduled court hearing in the case, which never took place. The case history indicated a Jan. 23, 2007, pretrial conference was scheduled at one time, but was canceled prior to a hearing being held.
The arrest citation indicates that Gray was arrested along the northbound off ramp of I-75 near Exit 15.
Police responded to a call and located Gray behind the wheel. He was the lone occupant in the vehicle.
When asked to perform sobriety tests, he allegedly stated, "I’m busted. I drank 14 beers," Martin wrote.
A witness in the case told police that Gray allegedly "blew by him" weaving, the citation stated.
Gray allegedly had a blood alcohol level of .206, according to his arrest citation. At the time, a person was considered legally intoxicated in Kentucky with a blood alcohol level of 0.10.
Police recovered a .38 caliber gun in the console of Gray’s vehicle, his arrest citation stated.
In February 2005, Gray’s attorney, Jane Butcher, filed a motion to have the charges dismissed because the arresting officer made no independent observation of Gray operating his vehicle, and didn’t determine when and where the defendant started drinking.
Court records don’t indicate that a ruling was made on the motion to dismiss, or on a motion to return Gray’s .22 Derringer, his .38 Smith & Wesson or his carrying a concealed weapon permit, which Martin seized.
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Get over it you all, Chris won! The trial was not about drugs…it was about becoming disabled, beaten almost to death by a slimey incompetent (quote) law enforcer with a mental problem! Imagine it was you or your relative it happened to!
Ugh.
sounds familiar, London city police did something like that to me 2007, I wasnt drunk did have a beer before getting in vehicle and cop kept making me blow machine, calibrating it every time to register .08
wish somebody had some sound advice for me at the time didnt know the law so i kept doing as he said to , knowing now the laws wish i had somebody to represent me.
I have to agree with you valjean, it is a crock. I know onw guy who never spent a night in jail when he got caught within 500 ft from a school with a pound of pot, 5 cops were there and they dismissed it, I guess Hodge got that too.The guy that got caught is a drug dealer a meth pusher and does any drugs even oxy’s. I know I also beleive he could be the one stealing the copper from out in Gatliff and Louden.
Incompetence in the Court System. Dalton Chris Brewer and Mary Poole were arrested in July 2007 for 15 drug offenses. They have yet to stand trial and now that Brewer cashed in on Hodge and the county he moved to Georgia. But he didn’t pay Mary and he didn’t pay Russell, I wonder if they will get them all for perjury. Why doesn’t Trimble and Steele do their jobs and prosecute these people? The drug dealers get away with crimes and innocent people pay fines or worse serve time. What a crock!