BEVERLY — A Beverly man facing his sixth drunken-driving charge since 1975 will be allowed to await trial at a relative's home, on the condition that he wear an electronic monitoring bracelet and submit random breath samples, a judge ruled yesterday.
Gary Lee, 56, collided with another driver at the intersection of Rantoul and Fayette streets, not far from his home at 18 Fayette St., last June.
While no one suffered serious injuries, police immediately suspected the red-eyed Lee, who smelled of alcohol, of being drunk at the wheel in the June 22 crash. After a series of field sobriety tests, during which he allegedly commented, "I'm in trouble, aren't I?" he was arrested, prosecutor John Brennan said.
Lee's prior record includes drunken-driving convictions in 1975, 1989, 1995 and 2004, all in Salem District Court, and a 1982 drunken-driving conviction in Anchorage, Alaska, Brennan told Judge David Lowy.
Lee was indicted on his latest drunken-driving charge last month, and if convicted he faces up to five years in prison, the maximum penalty available for a fifth or subsequent offense.
Brennan asked Lowy to continue holding Lee without bail as a danger to the public, pointing to past convictions for driving after his license had been suspended, as well.
Jessica Thrall, a lawyer appointed to represent Lee, argued that her client does abide by court orders, noting that Lee had no violations of his most recent probation, in 2004, and that much of his record is very old.
She said Lee would be able to live with his sister in Beverly, as he did while the 2004 case was pending, and pointed out that his sister already has the dedicated phone line for the electronic monitoring equipment Lee will be required to wear.
As Lee shook visibly, Lowy asked when the sister would be available to come to court so that he could explain her responsibilities in the case to her.
Lowy set a $1,000 cash bail in the case, and ordered that when Lee makes bail that he will be confined to his home on the bracelet except for court appearances or medical emergencies. Lee will be required to blow into an Intoximeter, a device that measures blood alcohol content and sends the results to a probation officer, at random intervals.
The judge also ordered Lee not to drive, even if his license is reinstated by the Registry while the case is pending.
A status hearing in the case was scheduled for Oct. 28.
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