Past Felon Tried as Habitual Offender in DUI

The Bennington Banner has reported that Milton J. Harrington, 52, has been held without bail after pleading guilty to DUI in Bennington Superior Court Criminal Division.

It is Harrington's fifth charge of driving while under the influence of alcohol.

Harrington has been ordered to be held until a weight of evidence hearing is scheduled by Judge David Howard.

Although Harrington has currently plead not guilty to felony DUI, he has been convicted, per a police affidavit, of DUI in past in June 1985, April 1992, October 1994 and November 1997.  Because of this record, State's Attorney Erica Marthage is charging him as a habitual offender.

Harrington now, with this enhancement, will be facing a sentence of life in prison.

Court documents show that Harrington has three convictions - for escaping from furlough - in 2003, 2004 and 2009.  His record also shows a conviction for first-degree aggravated domestic result in 1997.

Jeffrey Rubin, Harrington's Public Defender, has suggested to the court that his client reside with his girlfriend in Pownal while the case is pending.  Rubin stated that Harrington hasn't had any problems in the last few years with the court.

Vermont State Police Cpl. Gary Shuhart said that at 11:38 a.m. on Monday February 7 he responded to a call regarding a crash on Route 7A at Shaftsbury Country Store. 

A woman at the crash scene contended that Harrington backed into her vehicle as she was traveling north on Route 7A.

Shuhart made note of minor damages to the front of the woman's car and the rear of Harrington's car. 

Harrington admitted to being at fault.  Shuhart detected the odor of intoxicants.  The officer then learned that Harrington had been suspended - for life - from operating a vehicle.  The car he was driving belonged to the woman driving with him.

The woman he was with readily admitted that a six-pack of beer found in her car belonged solely to, and was drunken by, Harrington.

Harrington admitted to the police that he had consumed the beer while he was waiting for the woman to finish up with a doctor's appointment.  He also admitted that he wanted to go to the Shaftsbury Country Store and, that he also wanted to drive there.

At first, Harrington admitted to only consuming one beer before the accident.  Later, he amended his story and said that he'd been drinking since 2 p.m. Sunday - and had consumed approximately a full case of beer.

During the roadside breath sample, Harrington's blood-alcohol level was .254 percent, according to the affidavit, and he had trouble completing the field sobriety exercises.

Harrington told Shuhart, "I got [DUIs] in Vermont. I had to go [Alcoholics Anonymous]. My name is Milt. I am an alcoholic."

By 2 p.m. the day of the accident, at an evidentiary breath test, Harrington's blood-alcohol had dropped to .190 percent.

Going to trial for charges of DUI, DWI, OUI or OWI?  Contact a DUI attorney from our directory to help you get started on your defense right away!