Driver's ed teacher charged with driving drunk

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March 6, 2008

By Julie Manganis The Salem News Thu Mar 06, 2008, 02:28 PM EST

IPSWICH — A driving school teacher from Salem has been charged with drunken driving after police say he was under the influence of alcohol while giving lessons to two students last December.

Daniel Winsky, 52, pleaded not guilty to the charge and was released on his own recognizance.

Prosecutor Kate Hartigan told a Newburyport District Court judge Thursday that two women in a convenience store became concerned when he walked in to buy a soda, reeking of alcohol. Their concern only grew when they saw him getting into the passenger seat of an Anthony's Auto School car.

Police caught up with the car a short distance away on High Street (Route 1A) and, they say, the student driver immediately pulled over. A portable Breathalyzer test at the scene showed a blood alcohol level of .23, nearly three times the legal limit, although those results are not admissible in court.

Police did not immediately arrest Winsky, so they did not offer him a formal Breathalyzer test at the station.

Because of that, Judge Allen Swan said he had no authority to suspend Winsky's driver's license.

Winsky's lawyer, John Morris, said his client was not guilty and looks forward to a trial. The case raises a novel legal issue — because while Winsky was not at the wheel of the car, he did have access to a second brake pedal and also helped the student steer to pull over.

Winsky was ordered not to teach driving while the case is pending.

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