Not guilty plea to third DUI charge
KEITH WHITCOMB JR.
BENNINGTON -- A South Londonderry man was held for lack of $1,500 bail Monday after pleading not guilty in Bennington Superior Court Criminal Division to charges alleging that he fled from police when they tried to pull him over for speeding and was intoxicated at the time.
Gavin C. Wilcox, 21, pleaded not guilty to a third offense of driving under the influence of alcohol, a felony count of attempting to elude police in a vehicle, and misdemeanor charges of gross and negligent vehicle operation, driving with a license suspended for DUI, and resisting arrest.
According to court records, Wilcox was convicted of a DUI 2 charge on Aug. 6 for which is license to drive was suspended. He was first convicted of DUI in May of last year.
According to an affidavit by Winhall Police Sgt. Derrick Tienken on Aug. 24 at 1:30 a.m. he was parked off Routes 11/30 near the Winhall/Manchester town line when a vehicle went by him at 75 mph. The speed limit being 50 mph, Tienken wrote that he went after the vehicle saw it weave over the center line a number of times. The vehicle turned onto Deep Woods Road when Tienken activated his blue lights but after some distance it stopped and driver, later identified as Wilcox, got out and ran into the woods.
Tienken wrote that Trooper Lewis Hatch, of the Vermont State Police, was around and they split up to search for Wilcox. Tienken said he heard Hatch shouting for someone to get on the ground and went over to see Wilcox facing Hatch with his hands clenched. He said Hatch drew his Taser and repeated his order to Wilcox, who complied.
According to Tienken, Wilcox was taken to the Manchester Police Department where he was asked to do field sobriety exercises. These indicted he was intoxicated, as did a breath test showing his blood-alcohol level to be .127 percent.
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