MITCHELL – An Eckerty man was arrested Saturday after allegedly operating a motorcycle while intoxicated and attempting to leave the scene of an accident.
Joshua L. Cummings, 39, of Eckerty, faces charges of operating a vehicle while intoxicated and leaving the scene of a property damage accident.
According to an affidavit for probable cause filed by Mitchell Police Officer Garrett Jacobs, he was dispatched at approximately 8:21 p.m. on Saturday, May 31, to the 1000 block of West Grissom Avenue in response to a report of an accident with the suspect attempting to leave the scene. The caller informed Officer Jacobs that the suspect had started the motorcycle and headed south.
Officer Jacobs later located Cummings on Orchard Street, less than a quarter mile away, attempting to restart the motorcycle he was riding. Upon contact, Officer Jacobs immediately detected the odor of alcohol emanating from Cummings and observed his slurred speech. The bike also showed signs of being in an accident, with mud on the handlebars and foot pegs.
When asked about the accident, Cummings replied, “No,” and stated that the motorcycle was not his, claiming he was “working on the bike and taking it for a test drive.” Officer Jacobs noted that Cummings appeared to be leaning forward slightly, seemingly to maintain his balance.
After declining to perform Standardized Field Sobriety Tests, Cummings was detained and handcuffed. He also refused to submit to a chemical test after being read the OWI Implied Consent warning and refused a Preliminary Breath Test.
A warrant for a blood draw was approved and signed by Judge Robert Cline, and Cummings was transported to IU Health Bedford for the draw. During the transport, Cummings repeatedly stated he “did not consent to a blood draw” and “no one is sticking a needle in me”. After the blood draw was successfully conducted and a doctor gave medical clearance, Cummings was transported to the Lawrence County Jail, where he was remanded.
All individuals are presumed innocent until proven guilty in a court of law. This article is based on the information provided in the Probable Cause Affidavit and does not represent a final determination of guilt or innocence.
