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Thursday, July 24, 2008

Ind. Courts - More on "Judge Felts pleads not guilty"

Updating this ILB entry from yesterday, Niki Kelly of the Fort Wayne Journal Gazette reports today under the headline "Judge accused of thwarting test for DWI." Some quotes:

Allen Circuit Court Judge Thomas J. Felts might have intentionally tried to subvert a breath test he was given early Friday when he was arrested on alcohol-related charges in Indianapolis.

That’s according to details in a probable cause affidavit filed in the case and arguments during Felts’ initial hearing Wednesday in Marion Superior Court.

Felts, 53, is charged with operating a vehicle while intoxicated and public intoxication, both misdemeanors.

“We’re not dealing with a layperson,” Marion County Deputy Prosecutor Christopher Gilley said. “He knows what causes a machine to malfunction.” * * *

But James Voyles, defense attorney for Felts, argued his client’s license should not be suspended because he did not refuse to take the tests and the officers did not strictly follow the law regulating refusals. And he noted there is no evidence of why the tests were invalid.

Gilley said Felts refused to maintain a constant flow of air when blowing into the machine and tried to make himself burp, which could interfere with the test results. He also requested another hearing on the refusal in which the officers could testify about the events of the test.

But Marion Superior Court Judge William J. Nelson ruled there was not probable cause to issue a suspension on the basis of refusal.

Police and prosecutors are still waiting for the results of a blood draw that will show Felts’ official blood-alcohol level, which could result in a license suspension at a later date.

Felts did not attend Wednesday’s initial hearing, at which a plea of not guilty was entered on his behalf and a pretrial hearing was set for Aug. 21.

Posted by Marcia Oddi on July 24, 2008 08:38 AM
Posted to Indiana Courts