BENNINGTON -- A Bennington man who was involved in an all-terrain vehicle crash with a 12-year-old passenger is being charged with driving drunk.

Nicholas W. O’Dell, 20, pleaded not guilty Monday in Vermont Superior Court to driving under the influence of alcohol, and a misdemeanor count of reckless endangerment. He was released under the conditions he not drive or consume alcohol.

According to an affidavit by Vermont State Trooper Elliott Justinger, on June 1 at 6 p.m. he went to Southwestern Vermont Medical Center to speak to O’Dell who was being treated there for injuries he sustained in an ATV crash. O’Dell said he was crossing the road when a truck he did not see hit him.

The trooper who responded to the scene suspected O’Dell of being impaired. Justinger wrote that O’Dell gave a breath sample showing his blood-alcohol content to be .118 percent. A blood sample later showed it at .112 percent.

Justinger wrote that O’Dell had a 12-year-old passenger at the time of the crash, nor was the vehicle registered.

O’Dell told police he had drank two 25 ounce Mike’s Mango Punches, the last being an hour before the crash.

Contact Keith Whitcomb Jr. at kwhitcomb@benningtonbanner.com or follow him on Twitter @KWhitcombjr.


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