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Martinsburg woman faces new DUI charge

October 09, 2008

MARTINSBURG, W.Va. -- A Martinsburg woman convicted of driving under the influence five times was arrested again early Wednesday, but only will prosecuted on a misdemeanor DUI offense, according to Berkeley County Magistrate Court records.

Dorothy Lou Kisner, 58, of 484 E. Burke St. in Martinsburg, was arraigned by Magistrate Jim Humphrey on misdemeanor counts of DUI second offense, no proof of insurance and defective equipment. Humphrey set a $7,300 bond.

Kisner could not be charged with a felony count of DUI because four of the previous convictions in Berkeley County happened more than 10 years ago, according to a complaint filed by West Virginia State Police Sgt. K.W. Martin.

Berkeley County Prosecuting Attorney Pamela Jean Games-Neely said an officer could not charge a defendant with the felony count of DUI third offense because of a recent change in state code.

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Martin said in his complaint that he stopped a Chevrolet Malibu about 1:30 a.m. in the southbound lane of U.S. 11 near Edwin Miller Boulevard after noticing the vehicle was weaving and a license plate light was not working, according to the officer's complaint.

Kisner failed three field sobriety tests and declined to complete a fourth, Martin said in his complaint. Martin said Kisner failed to provide an adequate sample after volunteering to complete a breath test.

Martin said the woman admitted to drinking three beers and indicated she had just left a tavern off U.S. 11 (Williamsport Pike), according to the officer's complaint.

-- Matthew Umstead

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