A little driving gets man into big trouble with law Probation granted in alcohol offense

September 17, 1993|By Amy L. Miller | Amy L. Miller,Staff Writer

Sometimes, it just doesn't pay to help out a friend in trouble.

Cary Duane Garland had driven across the street to pull his buddy's car out of a snowbank on March 17, the night he was arrested for driving while intoxicated. Court records show his blood alcohol content was a 0.14 percent.

"He had not planned to drive and did not perceive himself as having driven," said Mr. Garland's attorney, Jeffrey H. Gray, during the Carroll County Circuit Court case yesterday.

"While he was technically in violation of the law, he was not in violation of the spirit."

Mr. Garland, who had just been offered a job at a ski resort in Utah, was celebrating and saying goodbye to his friends at the Bachman Valley Inn that night, Mr. Gray said. The 28-year-old had intended to spend the night with a friend who lives next door to the inn.

"He's been very careful about [driving under the influence] since the last offense," Mr. Gray told Circuit Court Judge Luke K. Burns Jr., referring to Mr. Garland's arrest in Tennessee in 1987 just before his discharge from the Army.

Mr. Garland, who agreed to a statement of facts, received a sentence of probation before judgment yesterday. The North Carroll High graduate will serve five years on unsupervised probation and is able to leave the state to take the Utah job.

"The most telling thing about Mr. Garland is this letter from Long View," Judge Burns said of a character reference describing how the defendant had volunteered time at the nursing facility.

Mr. Garland also submitted several positive recommendations from past employers.

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