Friday, November 6, 2009

Man Concocts Novel Defense to DUI Arrest

Police: Breathalyzer-costumed man charged with DUI

Nov 04 2009

(AP Photo/Oxford Police Department)

James P. Miller, 20, a dolt,is shown Saturday, Oct. 31, 2009, in a police photo provided by the Oxford Ohio police department wearing a Halloween breathalyzer costume. Miller was arrested and charged with driving a vehicle while intoxicated after blowing a 0.158 on a breathalyzer test when he was stopped by Oxford police driving the wrong way on a one way street Halloween night.

OXFORD, Ohio— An Ohio buffoon, who dressed as a Breathalyzer test for Halloween found himself blowing into one after police stopped him for allegedly driving the wrong way without headlights on a one-way street. Oxford police said they stopped 20-year-old James P. Miller on Halloween night and found beer in his front seat and in the trunk. Miller admitted having more beer in his stomach.

Police said Miller blew 0.158 percent on a Breathalyzer test. The legal limit for driving is a blood-alcohol level of .08. According to a police spokesman, speaking on condition of parsimony, described Miller as an "airhead."

Miller was cited on charges which included operating a vehicle while intoxicated, underage possession of alcohol, having an open container in the vehicle, possession of a fake ID,illegal discharge of methane gas, and a one-way street violation. Miller offered to test himself on his own Breathalyzer at the scene, to save authorities time and money. His offer was declined because police felt his own drunken condition would compromise the results and it would be inadmissible in court. Miller then read the arresting officer his Miranda rights and asked that an attorney be appointed to represent the officer.

Miller had no comment when reached at home Wednesday other than to say he was a victim of police breathalyzer discrimination.

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