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Police stopped Dan Nichter, 48, at 2:04 a.m. at the intersection of Main Street and Scioto-Darby Road in Hilliard because he made an improper turn and was driving slowly, according to the police report.
The arresting officer reported the smell of alcohol and that Nichter failed a field sobriety test.
Nichter refused a breath test. His license was taken and suspended. He was released on a summons.
Nichter said the arrest occurred close to midnight and that he was coming from Burger King.
"Once this is done, I may have a statement," he said. "My attorney said not to comment, and there's really nothing to say now. I am contesting it.
"This won't interfere with my duties," Nichter said. "I'll be at every meeting just like I have been." He said he would get rides as needed.
Hilliard Law Director Pam DeDent Fox said Nichter's case is scheduled for arraignment at 9 a.m. Thursday in Franklin County Municipal Court, Courtroom 4C, ThisWeek Hilliard reported. DeDent Fox said Columbus is prosecuting the case on behalf of the city of Hilliard, ThisWeek reported.
First-degree misdemeanors carry a maximum $1,000 fine and six-month jail sentence, but for a first offense, those maximums are generally not imposed, DeDent Fox told ThisWeek.
The offense also includes a minimum six-month driving suspension, with limited driving privileges available after 30 days and six points on the offender's driving record, ThisWeek reported.
Nichter was charged with drunken driving, speeding and a seat-belt violation after a traffic stop at Roberts Road and International Street in Columbus on April 7, 2005, according to Franklin County Municipal Court records.
The drunken-driving charge was reduced to physical control, the other charges were dropped and he paid a $395 fine, according to court records.
mrozenman@dispatch.com
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