Sunday November 27, 2011

KEITH WHITCOMB JR.

Staff Writer

BENNINGTON -- A Peru man pleaded not guilty Monday to a third offense of driving under the influence of alcohol.

Devon M. Heiser, 41, was released on conditions he not consume alcohol or drive, and must obey a reporting schedule with police.

According to an affidavit by Winhall Police Officer Derrick Tienken, on Nov. 4 at 8:15 p.m. he was parked near the Manchester/Winhall town line when he saw a 2000 Subaru drive past without malfunctioning tail lights. Tienken wrote he activated his blue lights but the vehicle did not stop. He shut them off near a curve which he felt was not safe to do a stop, then turned them on again along with his siren.

The vehicle continued on, and pulled over when a second police vehicle from the Bennington County Sheriff’s Department arrived.

Tienken said Heiser was the driver and appeared, as well as smelled, intoxicated. According to the affidavit, Heiser said he had consumed six beers over the course of the day and stopped two hours before.

Tienken wrote he found 10 empty beer cans in the car along with a beer bottle inside a McDonald’s bag. He said Heiser’s blood-alcohol content at the scene was .135 percent.