owerball winner’s DUI case raises suspicion among cops
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State Police launched an internal investigation to find out why a trooper failed to provide enough information for the state Division of Motor Vehicles to revoke the driver’s license of record Powerball winner Jack Whittaker. Whittaker, 57, became an instant celebrity on Christmas Day 2002 after winning a $314.9 million Powerball jackpot, the richest undivided lottery jackpot in U.S. history. He took his winnings in a lump sum of $113 million. Since then, he has been arrested twice for drunken driving — on Jan. 25, 2004 in Kanawha County and on Nov. 30 in Raleigh County. The DMV issued a final order Aug. 27 after an administrative law judge found the state failed to present enough evidence to prove Whittaker was intoxicated when found asleep inside his Cadillac on Interstate 64. A magistrate also has dismissed criminal charges in the case. State Police Trooper Brian Morris, the arresting officer, failed to establish his credentials to administer field sobriety tests, despite testifying that Whittaker failed two such tests, the final order states. “Although the arresting officer testified that the respondent failed the two field sobriety tests, he did not specify his training in the administration of field sobriety tests, the manner in which the tests were administered, or the respondent’s actual performance on either of the individual tests,” the final order states. A transcript of the hearing shows the administrative law judge gave the trooper the opportunity to present such evidence and he did not. “That’s being reviewed as an internal investigation right now,” said State Police Lt. Col. Dave Williams. “There’s been some allegations made and we’re investigating the allegations.” In the criminal case, Kanawha County Magistrate Tim Halloran dismissed a misdemeanor drunken driving charge against Whittaker to punish the county prosecutor for failing to bring a witness to a pretrial hearing. The magistrate also barred prosecutors from refiling the case because prosecutors hampered the “preparation and presentation” of Whittaker’s defense. Kanawha County prosecutor Bill Charnock plans to appeal Halloran’s order to circuit court and hopes to be able to refile criminal charges of driving under the influence. After the second DUI arrest, Kanawha County prosecutors moved to revoke his bond, saying he had violated it by being arrested again. Instead of jail time, Whittaker agreed to a four-week stint in rehab starting in early January, something no longer required. Whittaker also won back his driving privileges. |