Bluefield Daily Telegraph, Bluefield, WV

Local News

May 20, 2014

Man busted for DUI on ATV

WELCH — A McDowell County man is facing three felony charges after allegedly riding his all-terrain vehicle on U.S. Route 52 while under the influence, then fleeing from a West Virginia State Police trooper who tried to initiate a traffic stop.

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. Sunday 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 11 yellow in color pills, which the defendant advised were acid reflux medications. Trooper Justus later learned ... that the above stated pills were actually a schedule III 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.

Ivy was arraigned Sunday and is currently free on $20,000 bond.

Gillespie said ATVs being ridden on main roads are a problem in McDowell County. “Many of the local residents have no other form of transportation,” he said. “A lot of people who have lost their license to DUI think it’s OK to ride their four-wheeler if their driver’s license is revoked.”

This is not the case, Gillespie said. “If they have lost their operator’s license due to DUI, they can not have that ATV on the main road.”

Gillespie said most of these problems occur with local residents and not tourists who are in the area to ride the Hatfield-McCoy Trail.

— Contact Samantha Perry at sperry@bdtonline.com

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