Drunk Driving Clarification

Christopher Dalkas, age 22, stands before Judge John Payne this morning

In what is perhaps the first Driving Under the Influence case brought to a Judge since District Attorney Dave Sullivan suspended use of Breathalyzer results in upcoming trials, Christopher Dalkas accepted a standard 24D disposition plea, available only to 1st time offenders.   

Dalkas will lose his license for 45 days, pay $650 in fees/fines and be on probation for one year.  

 Count 1 standard 24D disposition, Counts 2&3 "dismissed", Count 4 "not responsible."

Amherst police arrested Dalkas in the early morning hours of April 16th for speeding on his Harley Davidson motorcycle on Amity Street in town center, where he was clocked at 55 MPH (more than twice the speed limit).  

Dalkas was unstable on his feet, smelled of alcohol, had blood shot eyes, and slurred speech.  He failed the Field Sobriety Test miserably, losing his balance four times and missing the turn on the "Nine Step Walk and Turn" exercise, and pretty much could not hold one leg up for the "One Leg Stand."

In response to the usual question "Have you had anything to drink?" he admitted to the classic "two beers" at McMurphy's Uptown Tavern in town center. 

The Assistant District Attorney did mention at the very end the Breathalyzer result of .11%, but since then the DA's office has issued the following statement.  According to Steve Gagne:

"The moratorium that we announced regarding the use of BT evidence was focused on cases scheduled for trial, but the case that was resolved via plea this morning in Belchertown highlighted the need for clarification re: cases being resolved by way of plea.  We have since advised our prosecutors to omit any reference to BT evidence during pleas, and to proceed instead on non-breathalyzer evidence (which there almost always is in OUI cases)."