Guilty verdict in DWI trial

NORWICH – Rita L. Warner, 33, accused of driving while intoxicated, had her day in Chenango County Court Tuesday. It took one hour and 52 minutes for a jury to deliberate the case. Everyone filed back into the courtroom and only one question was asked and only one answer given: “How do you, the jury find the defendant – guilty or not guilty?” asked the deputy court clerk. “Guilty,” responded the jury’s foreman.

Warner was arrested for DWI on Feb. 28 at around 10:45 p.m. by New York State Trooper Jamieson Tefft on state Rt. 12 in the Town of Norwich. Trooper Tefft testified yesterday that he noticed Warner’s car because of a loud muffler and then observed that the car swerved while following a tractor trailer.

“It (Warner’s car) drove several feet across the yellow line and then across the white,” said Tefft. Tefft said Warner was uncooperative and displayed physical signs of possible intoxication. “As soon as I approached the vehicle I began getting yelled at ... I immediately smelled a strong odor of alcohol,” he said. Tefft testified he administered an eye stimulus reaction test with his pen that he said Warner failed, adding she had a “lack of smooth pursuit ... I would say she was highly intoxicated.”

Warner denied Tefft performed any tests. “No, I refused to do anything,” she said, alleging that Tefft’s testimony was incorrect. Warner also refused any field tests or chemical tests, such as a breathalyzer. “I asked her three times, she said no three times,” said Tefft. Tefft said he informed her that anyone refusing a chemical test would lose their license for six months and would have that refusal used as evidence against them in court, but Warner remained silent and refused any tests, asking for a phone call and a lawyer.

District Attorney Joseph McBride asked Warner, “You did know taking a breath test is one of the best ways to prove you weren’t intoxicated?” “Yes,” responded Warner.