BUCKHANNON – An Upshur County man was arrested for allegedly driving a vehicle while under the influence of methamphetamine and attempting to avoid a traffic stop.
Nicky Bailey, 36, of French Creek, was arrested for fleeing while driving under the influence, a felony.
According to the criminal complaint in the Upshur County Magistrate Clerk’s Office filed by Upshur County Sheriff’s Deputy T.R. Collins, on Thursday, April 27, Collins was stationed near Tenmile and the Tallmansville Road when he observed a maroon Ford Mustang heading towards Buckhannon.
The driver of the vehicle, later identified as Bailey, attempted to conceal his identity by turning his head away. According to the report, Collins had prior dealings with Bailey and had recently worked on a case in which Bailey called in about the Mustang he was driving having been stolen.
During that stolen car investigation, Bailey stated he did not possess a valid driver’s license, and he did not have valid insurance for the Mustang.
According to the report, Bailey then rapidly accelerated the Mustang as soon as he passed Collins. Collins turned onto Tallmansville Road, and activated his blue lights and siren, signaling to Bailey that he was pulling him over. At 10:10 a.m., Collins notified the E911 Upshur Communication Center he was in pursuit of the Mustang.
Bailey allegedly traveled into the opposing lane while navigating Tallmansville Road. Collins was able to catch up to the Mustang, and Bailey pulled over at approximately 10:12 a.m. When Collins ordered Bailey out the vehicle, he complied, and Collins was able to detain him without incident.
After reading Bailey his rights, Collins searched him and located a tied piece of plastic that contained a crystal-like substance, consistent with the appearance of methamphetamine in his right pants pocket. Collins asked Bailey when he used methamphetamine, and he reportedly responded, “Last night.”
Collins then administered field sobriety tests to Bailey. During this process, Bailey allegedly showed several signs of impairment, including but not limited to eyelid tremors, circular swaying, inability to maintain balance on walk-and-turn and failure to follow directions.
Collins asked Bailey if he would submit to blood draw, but he did not consent, allegedly stating he knew he had methamphetamine in his system.
Upshur County Magistrate Mark Davis set bail at $15,000 cash only.
The penalty for a conviction of fleeing while DUI is confinement in a state correctional facility not less than three nor more than 10 years.
