Jury convicts Belchertown man of fifth drunken driving offense
NORTHAMPTON - A Hampshire Superior Court jury Friday rejected a defense attorney's contention that his client was suffering the effects of carbon monoxide poisoning and convicted Brian J. Walsh, 48, of 264 Hamilton St., Belchertown, of driving under the influence of alcohol for the fifth time.
The jury delivered its verdict after about two hours of deliberation.
Walsh will be back in court on Tuesday for a sentencing hearing. Judge Mary-Lou Rup said Walsh could remain free on his own recognizance.
Walsh was arrested by Granby police Nov. 10, 2010, on a charge of operating a motor vehicle while under the influence of alcohol, fifth offense.
Police said Walsh was stopped on Route 202 southbound at 1:20 a.m. after he was observed swerving into the northbound lane. They said he failed field sobriety tests and was arrested.
Defense attorney John McKenna said his client was suffering the effects of carbon monoxide poisoning, which can mimic drunken behavior. He said Walsh's truck had extensive patches of rust where dangerous fumes could enter the cab.
Assistant Northwestern District Attorney Scott Rathbun said tests on the pickup showed that it passed the state's required vehicle emissions examination, arguing carbon monoxide poisoning was not a factor in the case.
Comments
A serious danger to the public!
Search this paper, you will see on April 12, 2011, the Gazette ran a story about this guy. He pleaded innocent and was released on his own recognizance. According to the article, when he was arrested on Nov. 10, 2010 his BAC was 0.15 (almost double the legal limit). Not sure why that never came up in the trial.
The Globe ran an investigative series on OUI in Mass. last November. Apparently many times the accused can request a bench trial and the judges are pretty lenient, but still, how can someone do this even 4 times? Let's see what his sentence is the FIFTH TIME. Let's hope they take away his license for good.
5th Offense...? Ahhh MAN !!!!!
Here we go again ! What on earth is this guy doing still driving around after the first FOUR offenses? After the first THREE offenses, after the first TWO offenses...after the FIRST offense...? AGAIN! Five times people!!! C'mon, judicial system - do your job - get this menace off the road! Good people are getting maimed and killed by this behavior every day through no faults of their own!!! Don't spank the drunk driver on the wrist - take away his/her CAR for heavens sake and get help for this person! No car - no driving - no danger to anyone else! Carbon monoxide - ????? puleeeeeeesssse....!!!!!! That's a good one! The defense attorney should be spanked!