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Mar 6, 2008 3:25 pm US/Eastern
Driving Teacher Charged With Drunk Driving
IPSWICH, Mass. (WBZ) ―
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Daniel Winsky in court Thursday.
WBZ
A driving instructor in Ipswich has been charged with drunk driving for allegedly being under the influence of alcohol while teaching a lesson as a passenger in a car.
Daniel Winsky, 52, of Salem, pleaded not guilty at his arraignment in Ipswich District Court in Newburyport Thursday.
Police stopped Winsky on High Street December 26 after receiving a call from a concerned citizen. Winksy was teaching a lesson to two students for Anthony's Auto School in Ipswich when the car was pulled over.
According to court documents, police said he smelled of alcohol and his eyes were glassy.
Investigators performed a portable breathalyzer test and Winsky's blood-alcohol level was .233, well above the legal limit, according to the court papers.
Students in the car said Winsky did not appear to be acting drunk, but he was allegedly sipping on Robitussin cough medicine, according to the documents.
"We do believe that bottle may have contained not only cough syrup, but also more of a powerful alcoholic beverage and there were concerns from citizens at a local business," prosecutor Kate Hartigan said at the arraignment.
Winsky was not arrested, but was summonsed to court and charged with operating a vehicle under the influence of alcohol.
As a driving instructor, he had a brake on the passenger side of the car.
The breathalyzer test results were not admissible in court, because a formal breathalyzer was not conducted at the police station.
"He's not guilty. He did nothing wrong and we will be taking this to trial," said John Morris, Winsky's attorney.
"They don't have any evidence to suggest he was under the influence in any way."
The Massachusetts Registry of Motor Vehicles suspended Winsky's driving instructor certification temporarily in December after Ipswich police informed them about the incident.
At a hearing earlier this year, the RMV found Winsky at fault and revoked that certification permanently.
However, his driver's license is still valid and a judge found no reason to revoke his driving privileges Thursday.
Winsky had no criminal record prior to this incident. The judge told him if he gets into further legal trouble while the case is pending, he could be held without bail for up to 60 days.
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