By Emily Williams
Judge Bill McKenzie dismissed a DUI case in Batesville Municipal Court after the defendant’s attorney disputed the city’s claim that his tag cover was illegal equipment.
When Batesville Police Officer Will Parrish stopped Elmer G. McGee, 112 Ozborn, Batesville, May 29 on Van Voris St., it was for improper equipment. A cover over the tag prevented him from being able to read the decals, Parrish told city prosecuting attorney Ryan Revere. Eventually McGee was charged with DUI-refusal, open container and improper equipment.
 “That tag is not illegal,” McGee’s attorney, Victoria Ryals, stated as she placed a clear tag cover in front of the judge and Revere.
Parrish testified he was patrolling the area when he saw a white Dodge Charger with a cover on the tag and he could not read the decals due to the tint on the tag. He said that is when he pulled McGee over at the laundromat on Van Voris.
“I immediately smelled alcohol coming from the vehicle. He said he had a couple of Budweiser and he blew into the intoxilyzer,” the officer testified.
“I took him into custody for the intoxilyzer,” he said.
Revere asked the officer if he found anything when he searched the vehicle.
Parrish said he found a bottle of Crown Royal under the seat and another open container.
“I took him to the police department (Batesville) and tried the intoxilyzer. It didn’t work there. I took him to the sheriff’s department and it didn’t work there,” the officer said.
There was no sufficient sample from the intoxilyzer, the officer said.
During Ryals’ cross examination she asked the officer with a copy of the ticket in hand, “You wrote the tag number on the ticket. How were you able to read?” she asked.
The officer said he couldn’t read the tag when he pulled him over due to the distance, which he said was 25-50 feet estimating.
Ryals showed the judge a color photo of the tag with a clear cover.
Ryals called McGee’s wife, Dorothy to the stand.
Ryals asked Mrs. McGee who put the tag on the car and also asked her if she took the photo of the tag Ryals previously entered into evidence.
Mrs. McGee stated she had put the clear cover on the tag two years ago and she did take the photo of the tag.
She testified the bottle of Crown Royal found in the car was hers, though she didn’t drink much, she said it was for friends if they visited.
“I don’t let him drive my car much,” Mrs. McGee said.
Ryals asked how long Mrs. McGee had been married to her husband.
She answered about 22 years.
“Has he ever been in any trouble? Or have you ever had to pick him up from jail before this?” Ryals asked.
“No,” Mrs. McGee answered.
Ryals held up the clear tag cover and asked Mrs. McGee, “Do you swear on the Bible that’s the same tag cover? You swear to God it’s the same tag cover as in the photo?”
“Yes, I swear to God,” she replied.
During ruling, the judge read the statute and said, “This is a valid display of a tag,” as he looked at the photo.
“I find him not guilty,” the judge ruled.
Other cases
Terrence D. Reed, 14 CR 119, Abbeville, paid fines of $443 in full prior to court.
Dominique Patterson, 318 Panola Ave., Batesville, entered a guilty plea to simple possession of marijuana and was fined $443.
Ranaldo Cox, 1926 Sherwood Rd., Courtland, entered a not guilty plea to possession of marijuana in a vehicle. A trial was set for September 21.
Robert D. Wright, 3541 Nash Rd., Batesville, entered a guilty plea to possession of marijuana in a vehicle and driving while license suspended. He had a charge for not having a tag light dismissed after he provided proof he fixed the tag light.
James K. McGhee, 134 Patton Lane, Batesville, entered a guilty plea to disorderly conduct-failure to comply. A simple assault charge was dismissed after the affiant failed to appear to prosecute.
A shoplifting case was continued for two weeks for Edward A. Reiman, 100 Syratt CR, Water Valley.
Michael Ballentine, East Lee St., Sardis, also had a shoplifting case continued until September 7.
Fox Bonding was notified after Michael J. Harris, 227 Van Voris, Batesville, failed to appear to answer charges for shoplifting, resisting arrest, disorderly conduct-failure to comply and public drunk. If found guilty of all charges, total fines would be $2,346.
Deadra D. Cole, 112 Williams St., Batesville, failed to appear for the second time to answer charges for disorderly conduct-failure to comply, reckless driving, driving while license suspended and old fines of $3,339 due since November 2013. Fox Bonding was notified.
Devonta L. Rudd, 59 Curtis Rd., Batesville, had contempt of court-old fines of $1,141 due since July 2015.
He asked the judge for more time and the judge denied his request.
“You have had a year,” McKenzie replied.
Rudd was told to have the fines paid by August 20 or serve 90 days in jail.
“Can I have two weeks? That’s only one paycheck,” Rudd asked again.
“You better get busy,” the judge replied.
Jessica S. Tribble, 20 B Leonard St., Batesville, was found guilty in her absence for obstruction of traffic.
Officer Greg Jones testified on March 2 he pulled behind the vehicle Tribble was driving close to Patton Lane and Woods Street, when he noticed another vehicle trying to get by but couldn’t.
When he issued a ticket for obstruction, Jones said Tribble told him she was talking to a few friends in the road and was going to move along.
That day she was also cited for no driver’s license, no proof of insurance and no seat belt. She paid those fines in full prior to trial.
She was fined $155 after failing to appear in court in defense for the obstruction of traffic charge.
Leon W. Robertson, 445 Sanders Rd., was found guilty of speeding after a short trial. He was fined $167.
Tommy Lee Wright, 139-A Todd Rd., Batesville, entered the city’s work program for 24 days in lieu of paying old fines of $758 and new fines of $633 for open container and no driver’s license.
A charge for possession of marijuana in a vehicle was continued as the court awaits results from the crime lab.