Bluefield Daily Telegraph, Bluefield, WV

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May 19, 2014

McDowell man arrested for DUI on ATV

WELCH —  A McDowell County man was arrested Sunday afternoon on felony driving under the influence and fleeing charges after he attempted to outrun a West Virginia State Police trooper while riding an all-terrain vehicle on U.S. Route 52.

Jerrod Ivy, 36, of Elkhorn, was charged with driving under the influence third offense, driving revoked third offense and fleeing a trooper while DUI, among other charges, after he was initially spotted speeding and driving recklessly in the Powhatan area of McDowell County, according to a report by Trooper B.D. Gillespie, of the West Virginia State Police Welch detachment.

The incident began around 4:30 p.m. when Gillespie spotted an orange ATV traveling northbound on Route 52. According to his report, Gillespie followed the vehicle and observed it traveling “in excess of fifty-five miles per hour” and, on several occasions, being operated “while riding on the rear wheels.”

Gillespie attempted to conduct a traffic stop, according to his report, “while the driver attempted to flee while driving recklessly, for approximately one mile, on U.S. Route 52, in the northbound lane, before the ATV came to a stop.”

After the traffic stop was initiated, Gillespie noted in his report that “the defendant’s eyes were red and the defendant had an aroma, of what appeared to be an alcoholic beverage upon his breath.” The report states Ivy failed a preliminary breath test at the scene.

Later, while being processed at the Welch detachment, Ivy “handed Trooper R. W. Justus a clear plastic baggy, containing eleven yellow in color pills, which the defendant advised were acid reflux medications. Trooper R.W. Justus later learned ... that the above stated pills were actually a schedule three controlled substance, being hydrocodone,” according to Gillespie’s report.

In addition to the felony charges, Ivy was also charged with six misdemeanors, including reckless driving, obstructing, unlawful possession, speeding, operating an ATV on a roadway and no insurance.

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