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December 4, 2009

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Ex-Metro commander accepts plea deal in DUI case

Monday, May 7, 2001 | 10:30 a.m.

A former Metro Police commander took a deal Friday in connection with a drunken driving accident.

Deputy District Attorney Mary Brown said Charles Davidaitis, 53, pleaded no contest to reckless driving and leaving the scene of an accident.

As a result, Davidaitis will be required to complete a driving under the influence correspondence course, attend a meeting in which DUI victims discuss the impacts of drunken driving, and pay a $560 fine and $2,800 in restitution.

Davidaitis had been charged with DUI and leaving the scene of an accident.

Brown said the plea is the "exact same deal" any resident would get in similar circumstances.

Davidaitis, who after his arrest retired with 22 years on the force, was accused of smashing his 1999 Toyota Landcruiser into a light pole, a fire hydrant and a length of chain-link fence on Annie Oakley Drive in November.

According to police, Davidaitis then drove home and tried to persuade his wife to accept responsibility for the accident and take him to the airport.

Breath tests given to Davidaitis that night recorded blood-alcohol levels of 0.214 and 0.215. Drivers are considered driving under the influence with a 0.10 blood-alcohol level.

Brown said prosecutors may have faced an uphill battle if the case had gone to trial, because Davidaitis' blood was drawn three hours after the accident, and experts prefer blood be drawn within two hours.

In addition, Brown said, Davidaitis claims he got drunk in the 90 minutes between the accident and his arrest.

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