Roanoke Times Copyright (c) 1995, Landmark Communications, Inc. DATE: WEDNESDAY, June 27, 1990 TAG: 9006270426 SECTION: VIRGINIA PAGE: B-7 EDITION: EVENING SOURCE: By New River Valley bureau DATELINE: PEARISBURG LENGTH: Short
Judge Ray Grubbs, who normally sits in Christiansburg and Radford, and Willard Lester, commonwealth's attorney for Bland County, handled the 9 a.m. trial for James Falls, 23, of Pearisburg.
General District Judge Thomas Frith disqualified himself from hearing the case, and Giles County Commonwealth's Attorney James Hartley disqualified himself from serving as prosecutor.
Falls was charged in April with driving under the influence after a town officer said Falls crossed the center of an unlined road several times, according to defense attorney Dutton Olinger of Christiansburg.
Falls was taken to the magistrate's office, where he requested a breathalyzer test. But the state police officer on duty wasn't licensed to give such a test, Olinger said.
He was then asked to take a blood test, but refused.
"By law, you're supposed to be given a choice," Olinger said.
by CNB