Defendant’s blood/alcohol excuse doesn’t gel with judge

A defendant’s explanation as to why his blood/alcohol content registered .20, more than twice the legal limit for driving drunk — he unknowingly consumed a bowl of spiked gelatin before leaving a party in Charles City. The judge hearing the case did not buy it.

Michael Lee Wallace Jr., 37, of 11805 Conora Lane in Charles City, pleaded guilty at an earlier trial in Charles City Circuit Court to one count each of felony attempting to elude police and misdemeanor DUI. As part of a plea deal, a charge of cocaine possession was dropped.

At sentencing on Nov. 19, Wallace insisted he was not drinking at the party last March 14 at Charles City Social Center. Instead, he said he had helped himself to a bowl of gelatin that he did not realize was laced with alcohol.

“That’s the first time in over 30 years I’ve heard that,” responded Judge Thomas B. Hoover.

“Once I got to my car, it started to hit me hard. I was trying to focus to get to my house,” the defendant, who is confined to a wheelchair, told the judge adding he had also taken pain medication.

Wallace drove along Ruthville Road to the intersection with Courthouse Road. That’s where a county deputy gave chase as the defendant turned south on Courthouse Road.

Hoover questioned the defendant as to why he failed to pull over when the deputy turned on the cruiser’s flashing blue lights, thus incurring the more serious eluding charge.

“I wasn’t that far from my driveway,” Wallace answered.

“It’s a half-mile,” the judge shot back.

“Two cars were behind me,” Wallace said. “I never saw the cop until I turned into my driveway.”

Prosecutor Rob Tyler, meanwhile, reminded the court that at the time of his arrest, Wallace told the deputy he drank three beers. The deputy also found empty beer cans inside Wallace’s vehicle, Tyler said.

“I don’t believe the story you just gave me,” the judge told the defendant. “In spite of your lie, I’m still going to treat you in a fair manner.”

Hoover imposed five years in prison with all but one year suspended for the next 10 years on the eluding count. For DUI, the judge gave Wallace six months in jail with five suspended and a $1,000 fine, suspending $500.

On a separate probation violation triggered by the March 14 offenses, the judge revoked six months of a 23-year suspended sentence hanging over Wallace’s head. All totaled, the defendant must serve 17 months behind bars.