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State rep says he's not guilty of OVI

First on 2

Updated: Thursday, 11 Aug 2011, 6:52 PM EDT
Published : Thursday, 11 Aug 2011, 4:06 PM EDT

JACKSON, Ohio (WDTN) - State Representative Jarrod Martin entered a not guilty plea in Jackson County Municipal Court Thursday morning to charges of drunk driving and child endangerment.

For a man whose career is based in public speaking, Martin had little to say to a 2 News camera before his court appearance.

When asked if he had anything he wanted to tell the people he represents, Martin said, "Not at this time."

But Martin's lawyer tells us in this case, the evidence will do the talking.

"The science will show he was innocent at the time of the arrest," says Martin's lawyer, Charles Rowland II.

Martin was pulled over in July for crossing the center line and having a tail light out on the trailer he was hauling.

The trooper said he smelled alcohol on Martin's breath.

Another man and three kids between ages 11 and 14 were in the vehicle with Martin.

The trooper asked Martin to take a field sobriety test, but he refused.

2 News asked Rowland why Martin didn't take the test if he felt he was okay to drive.

"He was innocent of the charge of DUI," Rowland replied. "I think the paperwork filed will show that."

That paperwork includes an affidavit from the man who was in the vehicle with Martin that night.

In it, he says Martin had three Bud Light Lime beers, drinking them between 6:30 p.m. and 9:00 p.m. at his family's cabin in Lawrence County Ohio.

Martin didn't get behind the wheel until 10:00 p.m., according to the affidavit, and he wasn't stopped until 10:55 p.m.

In that time the man, whose son was in the vehicle as well, says Martin didn't show any signs of being intoxicated.

"At no time he was impaired by alcohol, at no time did he drive impaired, at no time did he put anyone in danger," Rowland says.

According to the documents provided by Rowland, an Ohio State University pharmacy professor puts Martin's blood alcohol level at the time of the stop at .02.

The legal limit is .08.

At .02 the expert says Martin was in what is known as the "sobriety stage" and okay to drive.

"Today we hope that the story changes," Rowland says. "The accusations have been made, now we're to a point where we can start presenting our side of the story."

The next step in this case will be a pre-trial hearing.

In the meantime Martin's license has been suspended because he refused to take that sobriety test.

Martin's lawyer says he'll ask for driving privileges for him to be able to commute to Columbus for work.

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