VA Man Beats BUI, Later Arrested for DWI
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Three years ago an opportunity presented to correct the behavior of a man who made a poor decision to operate a vessel while intoxicated. That opportunity was missed because of an improperly documented field sobriety test, where an officer’s failure to note the suspect’s use of prescription lenses caused a judge to dismiss the case. Three years later the same dangerous behavior is being repeated, only this time he’s more likely be found guilty because of his refusal to submit to a breath test. Be meticulous with the paperwork, and remember that the documentation is what makes or breaks the case. Convictions, not a mere arrest, provide the level of consequence needed to deter further unlawful activity. |
A Virginia man who beat a boating while intoxicated charge three years ago was arrested Friday for driving while intoxicated. Scott Pettis, 49, was arrested July 9 after pulling onto Portsmouth Avenue in front of a town police officer who observed his vehicle weaving, said Police Chief Don White. Pettis was administered field sobriety tests, but refused to submit to a Breathalyzer test, said White. He was subsequently arrested for driving while intoxicated and is scheduled to be arraigned Aug. 5 in Portsmouth District Court, say police.
On July 16, 2005, Pettis was arrested for boating while intoxicated and failing to have lights on his Carolina skiff while motoring after dark. But in March of 2007, the charged was dismissed by District Court Judge Sharon DeVries who found a marine patrol officer lacked probable cause to make the arrest. Represented by attorney Stephen Jeffco, Pettis had a Feb. 28, 2007 trial when then-Marine Patrol Officer Anthony Cattabriga testified that after he saw Pettis motoring his boat without lights, he detained him and administered a series of field sobriety tests. Under cross examination by Jeffco, Cattabriga testified he was unsure of Pettis’ sobriety before performing a final field sobriety test, on which the New Castle man scored perfectly. After Jeffco questioned the officer about the lack of information in the arrest report about Pettis’ need for eyeglasses, Judge DeVries noted many field sobriety tests track eye movement common to people needing corrective lenses. The judge then granted Jeffco’s motion to dismiss the boating while intoxicated charge and imposed a $43 fine on Pettis’ admission to motoring his boat without lights.
