DWI suspect goes to court intoxicated Defendant unable to understand trial

June 22, 1993|By Staff Report

Timothy Raymond Dady came to Carroll County Circuit Court yesterday to face driving while intoxicated charges in two cases.

But he apparently bolstered his courage with alcohol before he came to court, so much that he was deemed unable to understand the proceedings.

Judge Luke K. Burns, who already had taken a not guilty plea from the defendant in one case, decided to delay both cases and ordered Mr. Dady to sober up in the Carroll County Detention Center.

Before the delay, Mr. Dady, of no fixed address, pleaded not guilty to a driving while intoxicated charge that resulted from an incident on Route 140 in March.

However, the defendant agreed to let the prosecution present a statement of facts that contained enough evidence for the judge to convict him. In return, the prosecution agreed to dismiss four other charges.

Mr. Dady also was scheduled for a court trial yesterday in the other case, which involved an alleged DWI offense on Route 97 in 1991. But as Assistant Public Defender Martha Ann Sitterding began explaining his rights to him, he appeared confused.

Ms. Sitterding, who said she had explained the same rights to Mr. Dady earlier, asked the judge to allow her to confer with her client outside the courtroom.

When she returned to court about 10 minutes later, she told Judge Burns that she believed her client was under the influence of alcohol and was unable to stand trial.

About that time, Tfc. Scott Stevens, who had arrested Mr. Dady in one of the cases, took the defendant back outside the courtroom and administered a Breathalyzer test. The trooper told Judge Burns that the defendant's blood-alcohol content was .10 percent -- the legal standard for driving while intoxicated.

"I would ask that he be released, and I will try to get him into a [substance abuse] program as soon as I can," Ms. Sitterding told the judge.

"But how is he traveling? Did he drive [to court)?" Judge Burns asked.

Ms. Sitterding said Mr. Dady had gotten a ride to court with a friend and would not be driving home. But the judge said he thought it would be a good idea for the defendant to stay somewhere until he sobered up.

According to court documents in the DWI cases, Mr. Dady was stopped by state troopers who reported that they observed him swerving on and off the roads and over the center lines.

Trooper Stevens, who now is stationed at the Waterloo barracks in Howard County, and Tfc. Richard Wolfe of the Westminster barracks, reported that they each smelled a strong odor of alcohol on Mr. Dady's breath and that he failed field sobriety tests.

In the Route 97 case, Mr. Dady refused to allow Trooper Stevens to perform any chemical tests on him for drunkenness, court papers said.

In the Route 140 case, a Breathalyzer test administered by Trooper Wolfe showed Mr. Dady's blood-alcohol content to be .16, court documents said.

Judge Burns did not immediately reschedule Mr. Dady's cases.

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