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Jefferson County school transportation official's DUI case appears headed to trial

July 09, 2008|By DAVE McMILLION

CHARLES TOWN, W.Va. - When the transportation coordinator for Jefferson County Schools was charged Feb. 12 with driving under the influence, a preliminary breath test showed him having a blood-alcohol level of .159 percent, nearly double the allowable limit of .08 percent, a prosecutor said Tuesday.

"That's a very high reading. I've never seen someone blow that high on a preliminary breath test," Jefferson County Assistant Prosecuting Attorney Hassan Rasheed said after a hearing in Jefferson County Magistrate Court for Robert Michael Boylan of Martinsburg, W.Va.

Boylan's attorney, Harley Wagner, said after the hearing that the preliminary breath test Boylan took has a "probable cause to arrest" value only and that such a test is not always accurate.

"If (it's) administered correctly," Wagner said about the test.

Boylan later refused another breath test, which he had a right to do, Wagner said.

At that point, Boylan did not believe the officer handling the incident had Boylan's best interest in mind, Wagner said.

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Both lawyers said they have reached an impasse on plea negotiations and the case is headed toward a possible trial later this year. Wagner said Boylan is not going to enter a plea agreement for a DUI charge and the state will not agree to a lesser charge.

Boylan was charged with DUI after George Manning of the Charles Town Police Department said he noticed a white Chrysler traveling east in the 600 block of East Washington Street at about 5:18 p.m. on Feb. 12 with an expired registration plate, according to a criminal complaint.

The Chrysler pulled over into a 7-Eleven parking lot, the complaint said.

Manning said he noticed a strong odor of alcohol after asking the driver for his driver's license, registration card and insurance certificate.

Boylan failed three sobriety tests and later told Manning that he had two glasses of wine, according to the complaint.

The next step in the case will be scheduling a hearing where a judge will determine what kind of evidence would be allowed at a trial, Wagner said. That hearing might be in mid-September, Wagner said.

Wagner said he is "quite anxious" for a jury to see a videotape of the incident and said it shows "anything but" an intoxicated person.

Boylan, who is free on bond, oversees the school system's fleet of school buses.

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