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Local News

September 4, 2010

No bail for convict in many DUIs

DANVERS — A man who prosecutors say has six prior drunken-driving convictions, and who had a blood-alcohol level four times the legal limit when he was arrested Aug. 29, was ordered held without bail yesterday, deemed a danger to other drivers and himself.

Salem District Court Judge Richard Mori did not mince words during a dangerousness hearing when he called Joel Grissom, 57, of 6 Venice St., Danvers, "a high-functioning drunk" and pointed out the .33 level Grissom registered on a Breathalyzer test "is the beginning of alcohol poisoning."

Grissom's arrest at 1:30 p.m. this past Sunday represented his eighth drunken-driving charge, dating back to the late 1970s, police said.

In handcuffs and leg shackles, the lanky Grissom sat with his Salem attorney and public defender Chris Norris at the defense table wearing a navy blue T-shirt with his long, gray hair tied in a ponytail.

Prosecutor Lisa Core called Grissom "a significant danger to the motoring public and even to himself." She, too, termed him "a highly functioning alcoholic" who has no awareness of his actions.

In 2001, Core said, Grissom drove drunk down the wrong side of a Danvers street and got into an accident in his red pickup. In October 2002, he drove the same red pickup when he crashed into a vehicle in Ipswich, then fled, Core said. Grissom left a victim in another vehicle behind before being arrested in Topsfield and charged with drunken driving.

Core said the excuse Grissom gave to police in 2002 was: "Yeah, I was in a crash and the other guy was (expletive) trashed."

Mori ordered Grissom held despite Norris' objection that Grissom's actions did not show that his client had done anything dangerous by his actions that day.

Norris pointed to testimony by the arresting officer, Patrolman Scott Frost — who has made about 300 drunken-driving arrests — that Grissom drove his black pickup truck slowly down Brookside Avenue around 5 p.m. then stopped in the middle of the road for two minutes.

Grissom then drove into the parking lot of the Venice Street condominium complex where he lives. Frost said he saw Grissom pull into a parking space without incident.

Frost also testified he went up to Grissom, spoke with him, smelled alcohol, had Grissom recite the alphabet, then placed him under arrest when he failed the field sobriety test. Grissom also argued with Frost that he was in his driveway and he should not be arrested.

"I don't hear anything here that suggests the person is doing anything dangerous," said Norris, who asked the judge to consider Grissom's actions that day. Grissom has a leg injury, which may be why he seemed unsteady on his feet, Norris said.

Nevertheless, Norris asked that his client, whether found dangerous or not, be committed to an inpatient alcohol treatment program.

Despite Norris' numerous objections, Mori allowed into evidence court documents and Grissom's Registry of Motor Vehicle history that spelled out numerous drunken-driving convictions, license suspensions, revocations and reinstatements.

Mori said Grissom's probation record begins in 1979, and it lists six convictions for operating under the influence in 1979, 1986, 1987, 1990, 2001 and 2002. There was also a record of Grissom refusing to take a chemical test in Florida, prosecutors said.

Under cross-examination, Frost said Grissom appeared upset with a woman on a lawn nearby at the time of this arrest, as he kept asking her if she was the one who called police. Police were tipped to Grissom by an anonymous caller who said he was drunk and heading to Merchant Liquors on High Street for more booze, Frost said. Police not only charged Grissom with drunken driving, but with having a cold, open container of Budweiser in his pickup.

Frost also said Grissom appeared unsteady on his feet, had to hold onto the pickup truck's door to get out of his truck and staggered as he got out. Frost said it appeared Grissom appeared much steadier when he walked through the court in shackles than he did last Sunday.

Despite Grissom's lengthy record, he had a valid license when he was arrested by Frost because his last two drunken-driving convictions in 2001 and 2002 happened just before the so-called "lifetime look back law" went into effect. That law requires the court to consider a lifetime of drunken-driving convictions, not just 10 years' worth of prior offenses. Grissom could face a lifetime suspension of his license if convicted on this latest charge.

Core said the case against Grissom might be bumped up to Superior Court, where it is now being reviewed. Mori also issued the standard bail warning that if Grissom faces any more criminal trouble, he could be held for 60 days. Mori set a pretrial hearing for Oct. 1.

Staff writer Ethan Forman can be reached at 978-338-2673 or eforman@salemnews.com.

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