Scottville Mayor Joe Baxter Should Not Resign Because He Was Drunk Driving...

[XLFD]

... He Should Resign Because He Looks to Have Lied to the Police

 

On October 18, 2012 at 8:35 AM, Scottville Mayor Joe Baxter wound up at the bottom of Scottville's gully at the end of East Second Street after being observed by witnesses as accelerating at a high rate of speed into it with his 2011 Ford pickup.  He said to the responding Scottville officers that he had swerved to avoid some deer.  He was transported to the Memorial Medical Center and mild injuries were treated leading up to his interview by Trooper Adam Clement of the Michigan State Police.  Due to Baxter's Mayor status, the Scottville police turned the investigation over to the MSP to avoid any appearance of impropriety in any investigation.

Clement interviewed the mayor and conducted a portable breathalyzer test on Mayor Baxter, then had blood drew from him shortly thereafter, according to protocol.  The breathalyzer, took nearly three hours after the crash, showed a BAC of .072, and there may be some delay to get the blood test results in before the new year, as per the normal waiting times for such tests.  A BAC of .08 or better defines whether someone is driving drunk, as per the law, and breathalyzer results are generally not admissible as proof of a DWI, so this blood test may determine whether he was intoxicated or not.

One could say he was likely over the .08 limit since he blew .072 a good deal later (which normally would reduce the BAC by .04 for 160 minutes of elapsed time), and that responding emergency units smelled alcohol on his breath, including the trooper over two hours after the crash.  The witnesses of the crash seem to indicate that Baxter had drove a bit wild in his journey into the ravine.  The empty alcohol flask in the back of the truck may indicate him having recently imbibed.  These are either circumstantial or inconclusive of DWI, what should concern everyone is the Mayor's likelihood of lying and the fact that he put a lot of innocent people in danger.

Liar, Liar Pants in the Quagmire

If we consider Mayor Baxter's own words and Trooper Clement's report, we can establish a solid timeline of pertinent facts:

10-17-2012

5-6 PM:  Baxter says he drained about a pint (16 oz.) of whiskey in this period.  That's about the equivalent of 10-11 cans of beer.  He also says this was the last alcohol he consumed.

8:15 PM:  Detroit Tiger's post-season game gets rained out.  He sleeps until the morning.

10-18-2012

Around 7 AM or earlier:  Baxter takes his vehicle out to his hunting land.  Mason County property records have him owning land out in Whiskey Creek (very ironic, considering), this is about 20 miles from his home, and would take at least a half hour each way due to the rugged roads.  Give him an extra half-hour for patrolling around for deer, and for patrolling around the city of Scottville.

8:35 AM:  The crash occurs on Baxter's way home.

10:55 AM:  The MSP begins the interview

11:14 AM:  Breathalyzer test (.072)

11:29 AM:  Blood drawn for blood test (results pending)

Let's assume the breathalyzer results and Mayor Baxter's statements are accurate, he blew a .072 on the breathalyzer 17 hours after his last drink of about a pint of whiskey.  Let's say he guzzled the pint at 6 PM (which is a feat in itself), let's take his weight from the police report as accurate too, at 190 lb., then his expected BAC is:

That's right, the BAC estimate under such conditions is zero.  All should have been metabolized.  Using the BAC Calculator/Estimator (used above), if we consider his pint as accurate info, then the time to achieve a .072 would be around 8-9 hours.  If we consider instead that the timing was accurate, then he must have consumed nearly a quart of whiskey back around 6 PM the prior night, that's about 19 cans of beer!

But with the recollections he had, he should have had zero unless he still had some lingering in his mouth.  After seventeen hours, and  spitting out gully water he admits to drinking  when he crashed?!

Joe Baxter, you have spent your life serving your community, whether it be through your service in the Scottville government, or your military career, which is beyond distinguished.  The honorable thing to do is take responsibility for your actions in this case; it would be dishonorable to bring the City of Scottville down with you if you have told something less than the full truth in your station as the Mayor of Scottville.

The breathalyzer, or the mayor is way off.  My money is on the breathalyzer and the senses of smell and observations of the emergency responders.  Before this is confirmed by the results of the blood test, Joe Baxter should do the right thing, resign his post as mayor and city councilor of Scottville.  Not do the wrong thing, which was to apparently drive his vehicle around the streets of Scottville while intoxicated, during the same time that the kids of Scottville are traveling to school.  And then, by likely not giving us the full truth.  This is not something a public official should do, particularly a mayor, the titular head and figurehead of Scottville.

[XLFD]

Joe Baxter has been found guilty pleading no contest. 

LUDINGTON — Scottville Mayor Joe Baxter was found guilty Monday in district court of operating a motor vehicle while impaired by liquor. The charges stem from an October 2012 incident in which Baxter drove his vehicle off a ravine at the end of East Second Street in Scottville. Two hours after the 8:30 a.m. crash his blood alcohol level was .08, above the legal limit. The Michigan State Police investigated the crash at the request of Scottville Police Chief Mark Barnett.

Baxter received 93 days discretionary jail for one year and $1,145 in fines and court costs. He also was ordered to attend the Victims’ Impact Panel.

Baxter has been mayor of Scottville since 2011. He was recently re-appointed to the position by his fellow Scottville city commissioners

http://www.masoncountypress.com/2013/03/05/scottville-mayor-guilty-...

His lawyer maintains that his original statements were accurate, and added that some of his medications may have influenced the breathalyzer and the blood draw.  He needs to resign, Mayors who lie to police and have their lawyer lie for them in court have no reason for being trusted by and serving the public.  Truth.