Man claims he was drunk after crashing truck
NORWICH – A man accused of driving while intoxicated appeared in Chenango County Court for a hearing disputing the cause of his arrest and if his past legal troubles could be used against him at a future trial.
Robert G. Niles, is charged with DWI for allegedly crashing his Toyota pick-up truck near his home on Corbin Road in Afton on Oct. 28 after allegedly drinking prior to the accident at his place of employment.
Seven year veteran New York State Trooper Craig T. Starr testified at the hearing.
“I came up on the Toyota pick-up in a ditch, empty. I looked in and around the vehicle and noticed an odor of alcohol and beer cans scattered inside the vehicle. As I was doing this, a man with a flash light came walking down the road,” said Starr.
Starr testified that the man also smelled of alcohol, had unsteady balance, slurred his speech and had difficulty speaking with him.
“I asked him how his truck got there and originally he said someone must have taken it from his driveway. I took him aside and basically told him I didn’t believe that and he then admitted he was driving the vehicle,” said Starr.
During the hearing, Starr referred to his notes where he kept a minute to minute account of the night in question. Niles told Trooper Starr he had wrecked the car an hour earlier, 6:30 p.m. the earliest, and walked up to his home a short distance away. Niles then began drinking at his residence and came back down to the accident after he noticed flashing lights coming from down the road at about 7:33 p.m., according the trooper’s notes.
Starr testified however that he asked Niles two separate times if he had been drinking, once prior to arresting him and once after, and each time Niles replied no.
Niles refused all sobriety tests but eventually submitted to a breath test at 9:12 p.m. and blew nearly three times the legal limit, said Starr.
Defense Attorney Jeffrey Leibo pointed out that such a high alcohol blood content nearly three hours after the alleged accident indicated that his client was indeed drinking after rather than prior to the accident.
Niles said the accident was caused by a mechanical failure, saying his tie rod came loose. “I couldn’t get under the vehicle to inspect it at the time of the accident,” said Starr. Leibo also asked if the trooper had stayed and examined the damage after it had been towed out, and Starr responded, “No.”
The court ruled there was sufficient cause for the arrest and would allow the mention of the past acts, but would not allow the prosecution to mention their specific details.
Niles has two prior DWI convictions from 1997 and 2002. The case is set to go to trial July 23.
Robert G. Niles, is charged with DWI for allegedly crashing his Toyota pick-up truck near his home on Corbin Road in Afton on Oct. 28 after allegedly drinking prior to the accident at his place of employment.
Seven year veteran New York State Trooper Craig T. Starr testified at the hearing.
“I came up on the Toyota pick-up in a ditch, empty. I looked in and around the vehicle and noticed an odor of alcohol and beer cans scattered inside the vehicle. As I was doing this, a man with a flash light came walking down the road,” said Starr.
Starr testified that the man also smelled of alcohol, had unsteady balance, slurred his speech and had difficulty speaking with him.
“I asked him how his truck got there and originally he said someone must have taken it from his driveway. I took him aside and basically told him I didn’t believe that and he then admitted he was driving the vehicle,” said Starr.
During the hearing, Starr referred to his notes where he kept a minute to minute account of the night in question. Niles told Trooper Starr he had wrecked the car an hour earlier, 6:30 p.m. the earliest, and walked up to his home a short distance away. Niles then began drinking at his residence and came back down to the accident after he noticed flashing lights coming from down the road at about 7:33 p.m., according the trooper’s notes.
Starr testified however that he asked Niles two separate times if he had been drinking, once prior to arresting him and once after, and each time Niles replied no.
Niles refused all sobriety tests but eventually submitted to a breath test at 9:12 p.m. and blew nearly three times the legal limit, said Starr.
Defense Attorney Jeffrey Leibo pointed out that such a high alcohol blood content nearly three hours after the alleged accident indicated that his client was indeed drinking after rather than prior to the accident.
Niles said the accident was caused by a mechanical failure, saying his tie rod came loose. “I couldn’t get under the vehicle to inspect it at the time of the accident,” said Starr. Leibo also asked if the trooper had stayed and examined the damage after it had been towed out, and Starr responded, “No.”
The court ruled there was sufficient cause for the arrest and would allow the mention of the past acts, but would not allow the prosecution to mention their specific details.
Niles has two prior DWI convictions from 1997 and 2002. The case is set to go to trial July 23.
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