By By NORMA LERNER / Dowagiac Daily News
CASSOPOLIS - A 38-year-old Edwardsburg man who drove with a blood-alcohol level of .26 percent - more than three times the legal limit - will spend the next three months in jail.
Michael Moore, of 69239 Elkhart Road, was convicted March 28 for third-offense operating a vehicle while intoxicated last Nov. 5 on M-62 in Cassopolis.
Michigan State Police observed him driving erratically on one side of the highway, over the centerline, then back again to the right side, over the fog line and off the road.
Circuit Judge Michael Dodge on Friday morning recounted that Moore stumbled when he got out of his automobile and was checked to have a blood alcohol level at .24 percent with the data-master test later showing the higher amount.
Dodge allowed work release if applicable since he has held steady employment at his job since the late 1980s.
Moore said he volunteered to enroll himself in counseling.
Prosecutor Victor Fitz said Moore was lucky no one was killed since it was his third offense.
Defense attorney Dale Blunier said Moore is a hard worker, and it was unfortunate as he is a good individual.
It's obvious he cannot drink and drive, he said.
Moore was assessed costs of $920, a $600 probation supervision fee, a $150 restitution fee to go toward law enforcement expense, had his license revoked and must attend the victim impact panel.
Ricky Waterson, 42, of 1346 Valentines Lane, Elkhart, Ind., received two years of probation for attempted obtaining personal identity information without authorization on June 11, 2002.
Dodge said Waterson stole the identity of Gary Burkhead with the assistance of his ex-wife and used it to obtain a driver's license and open a bank account in Edwardsburg.
Chemical Bank reported losses of $6,000, Dodge said.
He must pay a probation supervision fee of $960, $920 in costs and restitution of $3,749.39.
Other April 29 sentencings are as follows:
Chadwick Whitlow, 28, of 1912 N.E. Trussel Lane, Marengo, Ind., received 270 days jail for possession of methamphetamine on Nov. 16, 2003, on M-60 in Jones.
Cass County sheriff's deputies found Whitlow driving erratically and stopped him on suspicious of drunk driving and found him to be in possession of methamphetamine.
He is to pay $120 in costs and restitution of $83 for law enforcement expense. He has no driver's license to impose sanction.
Lisa Jackson, 40, of 66610 Timmons, Dowagiac, received 180 days jail for possession with intent to deliver marijuana on Nov. 6 at Dewey Lake, Dowagiac.
Jackson was a passenger in a car stopped by police for driving while intoxicated.
She is to pay costs of $920, restitution of $73 for law enforcement cost and her license was suspended for one year.
Douglas Dimos II, 31, of 64790 Robinson Road, Cassopolis, received three concurrent 150 days jail each for two counts of resisting and obstructing and one count of fourth-degree fleeing.
Police attempted to stop Dimos on Osborn Street, Cassopolis, for speeding but he failed to stop on Nov. 16.
At the jail he resisted and injured a police officer. He is to pay $240 costs and restitution of $1,189.69 for medical expenses to the officer.
Ashley Nickens, 22, of 26529 Dutch Settlement St., Dowagiac, went to jail for 180 days for resisting and obstructing a police officer on March 16. Dowagiac police and Cass County sheriff's deputies investigated a complaint that two individuals were walking down Lowe Street while in possession of a gun.
Nickens ran and hid in the basement of a home. It turned out she didn't have a gun. She is to pay $120 in costs.
Donald Tweedy, 25, of 319 Pokagon St., Dowagiac, received 240 days jail for larceny from a motor vehicle on M-51 in Dowagiac. It was March 19 when Tweedy broke into a Pontiac Grand Am and stole a CD player from the dashboard. He is to pay $120 in costs.