West Rutland man accused of DUI 5November 13,2013West Rutland man
accused of DUI 5
BENNINGTON — A West Rutland man, who told a judge he lives in his truck, is facing his fifth charge of driving under the influence of alcohol.
John F. Swan, 45, pleaded innocent in Bennington criminal court Tuesday to two felony counts related to driving under the influence of alcohol.
According to court records, Swan was previously convicted of driving under the influence of alcohol in May 1989, July 1991 and November 1994 in Vermont and in April 1987 in New York.
In an affidavit, Officer Robert Murawski, of the Bennington Police Department, said he was dispatched to a Route 7, near Exit 2, on Nov. 8 around 10:25 p.m., because of reports that someone was driving erratically. Police stopped Swan, who was driving a 1972 Chevrolet truck, on Route 7 after seeing him fail to stay in his lane of traffic, the affidavit said.
Swan’s blood-alcohol level was measured at 0.107 percent around 10:45 p.m., police said. The legal limit in Vermont is 0.08 percent.
Swan was released without bail but ordered not to drive unless he has a valid license.
Frederick Bragdon, who represented Swan, said he expected there was going to be some issue in the case whether it was Swan or Swan’s sister who was actually driving at the time.
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