CIRCUIT COURT — A Gilmanton man is being held on $5,000 cash-only bail after being charged Friday afternoon with his third driving while intoxicated offense this year.
Richard Kelley, of Middle Route, is charged with one count of driving while intoxicated — subsequent offense, a violation of the open container laws, driving with a suspended registration, and driving after being deemed a habitual offender.
Police affidavits obtained from the 4th Circuit Court say the police received a call at 12:15 p.m. from someone who reported a car at the intersection of Gale Road and Middle Route was running and it appeared the driver was passed out while behind the wheel.
When police arrived the car was still at the intersection. When the officer looked in the car he could see the car was still in drive and Kelley was allegedly looking out the passenger-side window.
The officer reported seeing two bottles of liquor on the center console — one that was about half empty and one that was missing a small amount. When the driver rolled down his window, the officer said he smelled a strong odor of alcohol and that Kelley appeared disoriented with bloodshot eyes.
When the officer told Kelley to put the car in park and turn off the engine, Kelley allegedly turned it off but didn't put it in park.
The car starting rolling backwards and the office wrote in his affidavit that he had to repeatedly instruct Kelley to step on the brake and put the car in park.
Affidavits said Kelley had trouble getting out of the car and, after being read his rights he refused any field sobriety tests. The arresting officer noted Kelley had "dexterity issues" while signing his name.
According to information from the N.H. Department of Safety, Kelley pleaded guilty to driving while intoxicated on March 27, 2014 in Plymouth District Court and has his license suspended. In May of 2014 his right to operate was revoked for one year.
In June of 2014, Kelley pleaded guilty to one count of driving while intoxicated and one count of driving after his license was revoked In Manchester District Court. On June 16, the Department of Motor Vehicles determined him to be a habitual offender.
In Court yesterday, the Gilmanton prosecutor asked for $1,000 cash bail.
Kelley's attorney asked for personal recognizance bail saying her client was sick, has had open heart surgery and was scheduled for back surgery.
Judge Jim Carroll disagreed with both of them and set bail at $5,000 saying he felt Kelley was a danger to himself and others.
He has a probable cause hearing scheduled for October 30.
- Category: Local News
- Hits: 700