Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, June 1, 1990 TAG: 9006010492
SECTION: VIRGINIA PAGE: B3 EDITION: METRO
SOURCE: VICTORIA RATCLIFF STAFF WRITER
DATELINE: LENGTH: Medium
Lt. John Sherman Barrett, 43, withdrew an appeal of his conviction Thursday, and a General District Court judge agreed to take under advisement a charge that Barrett refused to take a blood-alcohol test.
Hooper said Thursday that the matter "has been handled" internally and that he would have no further comment. Barrett will continue in his same position with the Roanoke Police Department, Hooper said.
Roanoke County Commonwealth's Attorney Skip Burkart and Barrett's attorney, Gary Lumsden, said that Barrett was treated in court the same way anyone else with a first-offense of drunken driving would be.
Judge John Apostolou agreed to take under advisement the refusal charge on the condition that Barrett successfully complete Virginia Alcohol Safety Action Program classes. Barrett has been a VASAP instructor.
The penalty imposed on Barrett several weeks ago by substitute Judge E.C. Westerman also will stand, Burkart said.
Westerman fined Barrett $100 and gave him a 30-day suspended jail sentence. He ordered Barrett to attend the classes and ordered his driver's license suspended for six months. But, Westerman said, he would not impose the license suspension because of Barrett's good driving record.
Barrett did not comment Thursday or after his May 7 trial.
Roanoke County Deputy T.W. Kincaid testified then that he stopped Barrett about 11:40 p.m. on Woodhaven Road at Thirlane Drive after watching Barrett follow another car closely and flash his high beams.
Barrett had glassy eyes and a mild odor of alcohol about him and failed several sobriety tests, Kincaid said.
Barrett was not carrying his driver's license, he said. When Kincaid asked him how much he had had to drink, Barrett replied that he had had "probably more than he should have," Kincaid said.
Several of Barrett's friends testified that he had been with them that night at a poker game on Wildwood Road, and that he had had only two beers to drink.
Barrett said that he had taken two allergy pills about 8 p.m. before he going to the poker game. He said that he had not eaten since breakfast that day because he had been ill with a sinus infection.
Barrett said that while he was driving home, he began feeling as if he had been drugged, apparently from the combination of the allergy pills and the two beers.
"I didn't feel like I was totally in control," he said. "I just wanted to get home and lay down. That's all I was thinking about."
by CNB