Wrong Way Driver Arrested For DWI, Weapons And Drugs

GRAND SALINE—An intoxicated driver was booked in on multiple charges after he was pulled over late last week for driving on the wrong side of the road, and almost hitting a patrol car head-on.

Grand Saline Police Officer Ron Duke stopped a white GMC pickup truck at approximately 11:20 p.m. on May 24, as it drove westbound down US Highway 80 in the eastbound lanes of traffic.

Duke located the GMC pickup, which almost struck his marked patrol car head on.

"I was required to utilize my emergency vehicle operators training and I was forced to take violent evasive action and to drive off onto the shoulder/ ditch of Highway 80, to avoid the wrong way driver from striking my marked police car, head-on," Duke said. "As soon as the wrong way vehicle passed me, I turned around and stopped the vehicle, on Highway 80, a short distance west of Highway 17 north."

Once Duke made contact with the lone occupant of the vehicle, James Darrell Abernathy, 46, Grand Saline, told Duke he had a Texas driver’s license but that it was suspended.

"As I spoke to Abernathy, I observed that he had the strong smell of an intoxicated beverage, on or about his person," Duke said. "I also observed that Abernathy had red, blood shot eyes. Abernathy had slurred speech."

Duke also noted that simple questions took a much longer response time than required.

"He also told me that he was going home. Highway 80, from Silverlake, is not the way a person would normally travel from Van, and to go home, he would have needed to go north on Highway 17," Duke said. "He had driven west of Highway 17, before I stopped him. The distance from the Silver Lake area, to the location where I was able to stop the wrong way driver, was approximately eight miles."

Abernathy was then asked to exit the vehicle where Duke located directly behind his seat, a large 22-inch long blade machete, as well as in the pocket of the drivers’ door a seven-inch long blade knife.

"Abernathy walked with great difficulty. As Abernathy walked, he was unsteady and swaying, and heavy footed," Duke said. "I asked Abernathy if he had anything to drink. Abernathy denied that he had had anything to drink. Upon further questioning, Abernathy said that he had stopped drinking, yesterday."

Duke said after impounding Abernathy’s vehicle, he observed a 16 ounce can of beer that was open and half full as well as "cold to the touch and the can had visible condensation on it."

Also, Duke said in the bed of the truck, there was a cooler, filled with ice and eight cans of beer. Also, in plain view, in the bed of the truck was a six pack of beer.

Duke called for Department of Public Safety Trooper Kaleb Bullock to assist.

"Trooper Bullock asked Abernathy to turn so that he could perform a HGN (Horizontal Gaze Nystagmus) test on him. Abernathy refused to cooperate," Duke said. "A check of Abernathy’s criminal record showed that he had been arrested a total of 19 times. Abernathy had five previous DWI arrests and five previous driving while license suspended charges."

Bullock arrested Abernathy for DWI 1st because Duke said his previous five Driving While Intoxicated arrests didn’t show convictions, Driving While License Invalid (enhanced, due to previous conviction), and open container.

Duke said upon taking inventory of the vehicle he seized the two knives, the 22-inch long blade machete and the seven-inch long blade knife that were immediately next to Abernathy.

"I further inventoried the contents of the vehicle. I located in the bottom of the center console, a small metal box. Inside the box were a number of small plastic baggies, a set of scales, two metal smoking pipes that contained burned residue, of what I believe, based on my training and experience to be burned marijuana," Duke said. "Also, the metal box contained a roach- a butt of a hand rolled cigarette, containing a leafy substance, which I believe to be marijuana. Lastly, the box contained a package of rolling papers."

Also, in one of the plastic baggies, was a green, leafy substance, which was believed to be marijuana.

Duke additionally charged Abernathy with unlawful carrying of a weapon, possession of marijuana under two ounces, and possession of drug paraphernalia.