Intoxicated driver doesn’t think he can be arrested
A driver, who allegedly admitted he’d been drinking, refused to get out of his vehicle, saying he was on private property and couldn’t be arrested. He was removed from his vehicle, and arrested.
Jonathon Dewayne Smith, 32, Linton, was arrested by Officer Andrew Duguay of the Jasonville Police Department on Thursday, July 9, in Jasonville.
Around noon last Thursday, Officer Duguay was assisting a caseworker from the Greene County Department of Child Services who was working on an assessment in the Jasonville area. During this time, Officer Duguay came into contact with Smith who allegedly said he was intoxicated and had been drinking since 10 a.m.
Officer Duguay later left the scene but shortly after leaving, the caseworker contacted him and said Smith had left, driving a 2017 silver Cadillac. Not long after that, the caseworker called again and said Smith had returned to the residence and was parked in the driveway.
Officer Duguay responded around 1:30 p.m., and so did Deputy James Carpenter of the Greene County Sheriff’s Department.
The officers found Smith sitting in the driver’s seat of the Cadillac with the engine idling. He allegedly admitted he’d been drinking but said he was on private property and there were no keys in the ignition so he couldn’t be arrested. He refused to get out of the vehicle.
Smith was ordered to exit the vehicle more than once, but he still refused. The officer and the deputy forcefully removed him and he was taken into custody.
Officer Duguay reported Smith refused to take a chemical breath test so a search warrant for a blood draw was requested and once it was approved, Smith was transported to Greene County General Hospital where a blood sample was taken – results pending.
Smith was booked in to jail at 4:43 p.m. His bond was set at $4,000 surety with ten percent cash allowed. He has since posted $400 and been released. The date of his initial hearing is not yet known.
Smith is facing preliminary charges of operating a vehicle while intoxicated, a Class C misdemeanor, and refusal to aid an officer, a Class B misdemeanor.