Driver accused of speeding and driving without required interlock device
/A traffic stop for speeding resulted in the arrest of a 40-year-old Lyons man on a host of charges.
Michael David Kuhlenschmidt was arrested July 23 following a traffic stop near Newberry by Greene County Sheriff’s Department Deputy Jordan Allor. Kuhlenschmidt faces eight charges, including: Operating a Vehicle While Intoxicated Endangering a Person, Operating a Vehicle While Intoxicated: Endangering a Person-Prior Within 7 Years, Operating a Vehicle While Intoxicated, Operating a Vehicle While Intoxicated: Prior Conviction Within 7 Years, Operating a Vehicle with a Schedule I or II Controlled Substance or its Metabolite in the Blood, Operating a Vehicle With a Schedule I or II Controlled Substance or its Metabolite in the Blood, Possession of Marijuana, and Possession of Paraphernalia.
Greene County Dispatch received an anonymous tip that Kuhlenschmidt was driving his mother’s vehicle without an interlock device — an in-car breathalyzer that prevents someone from starting a vehicle until a breath alcohol test is taken.
Allor went to Kuhlenschmidt’s residence and observed his mother’s vehicle, a Ford Flex, in the driveway with the driver’s side door open. He saw two unopened cans of beer in the vehicle with condensation on them. Allor approached the residence and knocked on the door. Kuhlenschmidt came to the door and told Allor he was about to visit his mom at the nursing home. While talking to him, Allor was unable to detect an odor of alcohol coming from his breath.
After leaving the residence, Allor checked Kuhlenschmidt’s license and found he has conditional driver’s license and an interlock restriction. Shortly after leaving the residence, Allor observed the Ford Flex, driven by Kuhlenschmidt, traveling down County Road 400 S, turning south onto SR 57.
Allor initiated a traffic stop. Before Allor could say anything, Kuhlenschmidt interjected and said he was probably being pulled over for the beer that was in the car, stating a friend left them in there for him. Deputy Allor informed him he was being pulled over for speeding. Kuhlenschmidt said he knew he was speeding and when he realized it, he began pushing the cruise control button to slow down. While talking to Kuhlenschmidt, Allor observed erratic behavior, slurred speech, profuse sweating, and constant talking. He asked Kuhlenschmidt if he had consumed any alcoholic beverages or taken any illegal drugs. Kuhlenschmidt denied both.
Allor told Kuhlenschmidt he had already checked his license and knew he had the interlock device restriction, a device that was not on the vehicle he was driving. He told Allor he had a device on his truck but his truck broke down. He said the device runs the battery down on his truck making it unable for him to drive.
Because he was showing signs of intoxication, Deputy Allor asked Kuhlenschmidt to exit the vehicle. Allor informed him he was going to pat him down for any weapons. During the pat down, Allor located what he believed to be a smoking device in Kuhlenschmidt’s right front pocket. Allor asked Kuhlenschmidt if he had a smoking device in his pocket to which he answered no. Allor asked if he could look in the pocket and he said yes. Inside the front right pocket, Allor found a red, white, and blue smoking device with green plant-like material in it.
Kuhlenschmidt admitted to smoking marijuana two to three hours prior. Allor explained that he is not allowed to drive after consuming alcohol or after partaking in illegal drugs, Kuhlenschmidt said he knew that.
While searching the vehicle, Deputy Allor along with Deputy Michael Coy, found a black cylinder containing green plant-like material believed to be marijuana was located. A metal smoking device was also located on the rear floorboard of the vehicle.
Kuhlenschmidt was transported to the Linton Police Department where a field sobriety test was conducted. He failed the field sobriety test and was transported to Greene County Jail.
His bond was set at $9,000 surety with 10 percent cash allowed.
He was charged with:
Operating a Vehicle While Intoxicated Endangering a Person, a Class A Misdemeanor
Operating a Vehicle While Intoxicated: Endangering a Person-Prior Within 7 Years, a Level 6 Felony
Operating a Vehicle While Intoxicated, a Class C Misdemeanor
Operating a Vehicle While Intoxicated: Prior Conviction Within 7 Years, a Level 6 Felony
Operating a Vehicle with a Schedule I or II Controlled Substance or its Metabolite in the Blood, a Class C Misdemeanor
Operating a Vehicle With a Schedule I or II Controlled Substance or its Metabolite in the Blood, a Level 6 Felony
Possession of Marijuana, a Class A Misdemeanor
Possession of Paraphernalia, a Class C Misdemeanor