Upshur man arrested for felony DUI after allegedly failing multiple sobriety tests

BUCKHANNON – An Upshur County man was arrested Monday in Buckhannon after allegedly failing all sobriety field tests during a traffic stop.

John Moore, 52, of Buckhannon, was arrested for driving under the influence, third offense, a felony.

According to the criminal complaint in the Upshur County Magistrate Clerk’s Office filed by investigating officer Sgt. Mark Stewart with the Buckhannon Police Department, on Monday, July 19, police spotted Moore operating a 2009 GMC on Kanawha Street. The file says that Moore allegedly “struck the sidewalk three times” and repeatedly crossed the center line into oncoming traffic, forcing other vehicles to swerve to avoid being struck by Moore.

Stewart subsequently initiated a traffic stop on Marion Street, and Moore slowed down but did not stop until turning on Barbour Street. According to the report, Moore allegedly had a strong odor of alcohol on his person; red, glassy eyes; and slurred speech. Stewart performed a PBT, or preliminary breath test, and Moore failed. Then, Patrolman S. Kraemer, also with the BPD, conducted field sobriety tests on Moore, and he allegedly failed all tests administered, the complaint states.

The report notes that Moore has two prior DUI convictions in Upshur County with dates of Oct. 9, 2012, and July 23, 2014.

Upshur County Magistrate Mark Davis set bail at $10,000 cash only, and as of Friday morning, Moore remained incarcerated in the Tygart Valley Regional Jail, according to the West Virginia Regional Jail Authority website.

The penalty for a conviction of third-offense DUI is imprisonment in the state penitentiary for not less than two nor more than five years. According to state code, if convicted, the person shall have their license to operate a motor vehicle revoked by the Commissioner of the Division of Motor Vehicles for life or for a period of time conditioned on participation in the test-and-lock program.

Additionally, the court may impose a fine of not less than $3,000 nor more than $5,000.

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