Information taken from the complaint of Corporal D.C. Moore filed in the Magistrate Court of Richard Postalwait:
On Tuesday, April 4, 2023 at approximately 10:30 p.m., Corporal DC Moore, observed a
blue in color, Ford Escape, parked in the 1700 block of Norman Ridge. The vehicle had its lights on, and the drivers door was hanging open. The occupant inside was found to be Tommy Nicholson, who was in the drivers seat. The vehicle was turned off, but the keys were sitting on the passenger seat, in
full access of the driver. Cpl. Moore had a hard time waking the accused up, because of his level of intoxication. The officer observed an open Twisted Tea container, which contains alcohol in the center console of the vehicle, along with an open case of beer on the passenger floor. A jar of suspected moonshine was on the passengers seat, which Mr. Nicholson later advised was in fact moonshine.
The accused was given field sobriety tests, which include Horizontal Gaze Nystagmus, Walk and turn, and one legged stand. The HGN was explained and the officer observed equal pupils and equal tracking. Mr. Nicholson had the onset of nystagmus prior to 45 degrees, and distinct and sustained nystagmus at maximum deviation.
Cpl. Moore explained and demonstrated the walk and turn test, advised the defendant to walk heel to toe for 9 steps, turning and walking 9 steps back, count as he walked. Mr. Nicholson using his arms to steady himself, and failed to count on every step.
Cpl. Moore then explained and demonstrated the one legged stand test for which the accused failed to county during the test and had to put his foot down after 2 seconds. Mr. Nichols almost fell on the second attempt and then advised he was “too buzzed to continue.” Following this Cpl. Moore administered a portable breath test on the accused which registered a BAC of .153 at which time he was placed under arrest for suspicion of DUI. A intoximeter was given at the Grantsville Detachment where which registered .146.
Mr. Nicholson advised that he had been driving the escape at some point, but didn’t remember how he got where he was.
Tommy Lee Nicholson was charged with Driving under the Influence and Driving Suspended DUI. He was incarcerated in the WV Central Regional Jail but has since been released and is awaiting trial.
