DUI No. 3 nets Bridport man up to four years in jail
MIDDLEBURY — A Bridport man with a history of drinking and driving convictions was sentenced on June 3 in Addison Superior Court’s Criminal Division to between 60 days and four years in prison for driving under the influence of alcohol, third offense.
Richard Kimball, 44, was also sentenced to concurrent two-month sentences on four other charges.
Judge Helen Toor handed down the sentences to Kimball for offenses committed in three separate incidents in Middlebury and Brandon this past October, November and February.
According to court documents, Kimball had previous DUI convictions in December 2006 and November 2008, and previous convictions for driving with a suspended license (DLS) in February and November 2008 and July 2011.
This past Monday, Toor also sentenced Kimball to 59 to 60 days for enabling consumption of alcohol by a minor and 59 to 60 days for each of three violations of his conditions of release from the first incident, in Middlebury in October.
Disorderly conduct, DLS and DUI test refusal charges that stemmed from the February incident in Brandon were dropped as part of a plea agreement in which that case was also transferred from the Rutland court system to Addison.
According to court documents, on Oct. 28, 2012, Vermont State Police allege Kimball was driving 79 in a 50 mph zone on Route 7 when he was stopped in Middlebury. They noticed signs of intoxication and began DUI testing, but according to court documents, “Due to the fact that Kimball almost fell over into the roadway, the walk and turn was not conducted, for concerns of Kimball’s safety.”
VSP alleged Kimball’s blood-alcohol content tested at the New Haven barracks at 0.196 percent, about two-and-a-half times the legal limit for driving (0.08 percent).
On Nov. 18, 2012, Brandon police filed three citations against Kimball after his car was spotted weaving on Forest Dale Road and finally stopped in a McConnell Road driveway. There, police said a minor female tried to sneak away; they determined she had been drinking, and that Kimball and another occupant had provided her alcohol.
Police allege Kimball had driven earlier in the day, and that he had violated conditions of his release from the October incident by driving and drinking. Police cited him for those two violations as well as for providing alcohol to a minor.
In February, Kimball was arrested in Brandon after parking on the sidewalk and appearing drunk at the Brandon House of Pizza. Employees called police, who noted Kimball’s license suspension and signs of intoxication before arresting him and lodging him at the Marble Valley Correctional Center.
Kimball allegedly became belligerent with Brandon police during that incident and refused a breath test, although disorderly conduct, DUI refusal charges and a DLS No. 4 citation were dropped as part of the plea deal. In that deal, Kimball pleaded guilty to DUI No. 3 and the two counts of violating his conditions of release.
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