For the third time in about a year-and-a-half, Oxford Village Councilman Michael Hamilton was involved in an alcohol-related run-in with the law, the only difference was this time, he spent the night in jail as a result.
A village police report alleges Hamilton, 36, was driving while intoxicated with an open beer bottle in his vehicle shortly before 3 a.m. Saturday, July 18.
Hamilton, who was elected to council in September 2007, was arrested for drunken driving, but not cited at the time.
The councilman, who’s up for re-election Sept. 15, spent the remainder of Saturday morning in the village police holding cell for ‘detoxification? and was released at 11:30 a.m.
He’s expected to be arraigned in Rochester Hills 52-3 District Court Wednesday, July 22 on the misdemeanor charges of operating a motor vehicle while intoxicated and having an open container of alcohol in the vehicle.
The Oakland County Prosecutor’s Office issued the charges Tuesday against Hamilton.
According to village President Chris Bishop, Hamilton told him he’s planning to submit his letter of resignation from council following his July 22 court appearance.
Hamilton did not return phone calls seeking comment.
Police Chief Mike Neymanowski indicated he turned the case over to the Special Investigations Unit of the Oakland County Sheriff’s Department in order to avoid any conflict of interest due to Hamilton’s status as a village councilman. Beyond that, Neymanowski declined to comment.
According to the police report, a village officer was eastbound on W. Burdick St. when he observed the 2007 Ford Expedition, driven by Hamilton, turning off Hudson Street to go west on W. Burdick.
The officer reported seeing the vehicle start to go, then stop, and then stop again. Hamilton made the turn onto W. Burdick without signaling, the report stated.
Based on what he observed, the officer turned around and began following Hamilton’s vehicle, which was reported to be traveling at 35 miles per hour in a 25 mph speed zone. Between Pleasant Street and Conda Lane, the officer observed Hamilton’s vehicle ‘go from the white fog line to the center line, then back to the fog line in jerking movements.?
Hamilton turned onto Ashley Ct., which is south of W. Burdick, and that’s where the officer made his traffic stop.
‘While the vehicle was still (traveling) at approximately 10 mph, the driver put the vehicle in park causing a grinding sound until the vehicle came to a lurching rest,? the officer observed.
When the officer approached the vehicle and began speaking with Hamilton, he reported he ‘could smell a strong odor of intoxicating beverages from within the vehicle.?
‘There was an open Bud Lite beer bottle in the center console cup holder that was two-thirds full,? the officer stated. ‘Hamilton appeared to be fumbling as he continued to look for a current registration. Hamilton’s face was flushed and his eyes were glassy.?
According to the report, Hamilton told the officer he’d consumed three beers between 9 p.m. and midnight.
Hamilton passed only one out of six field sobriety tests ? reciting the alphabet. And the officer noted he did it twice but ‘with great hesitation.?
A preliminary breath test administered to Hamilton at the scene indicated his blood alcohol content was 0.194 ? more than double the state legal limit of 0.08.
A reserve village officer, who arrived on the scene, told the arresting officer he observed Hamilton walking out of Vic’s 24th Street Sports Tavern downtown at about 2 a.m. and he appeared to be intoxicated.
The reserve officer approached Hamilton and asked if he was walking or driving. Hamilton reportedly told the officer he was walking, but became upset with the officer and asked for his name.
Hamilton’s speech was ‘slurred,? according to the reserve officer, and ‘he stumbled while walking away.?
The reserve officer then observed Hamilton get into a Ford SUV parked in the southwest lot and drive away. The reserve officer notified the arresting officer, who was on patrol, there was an intoxicated driver on the road.
Hamilton was arrested and lodged in the village holding cell for ‘detoxification.? He was released at 11:30 a.m. Saturday.
When Hamilton was given two more breath tests at the police station, his blood alcohol content read as 0.18 and then 0.17.
Prior to this incident, Hamilton’s been involved in two other run-ins with local police in the downtown area.
The first was in February 2008 when Hamilton was allegedly involved in a bar fight at the Oxford Tap, from which he was barred as a result.
Both the councilman and another man were cited for disorderly conduct (a misdemeanor) following an investigation by the village police. Both pleaded not guilty.
However, the case was dismissed because the village prosecutor handling it recused himself due to a potential conflict of interest. Neither Hamilton nor the other man involved wished to pursue charges against each other.
The second incident happened in October 2008 behind the now-defunct JonMarx Steak and Seafood.
According to the police report, Hamilton and his brother were involved in a heated argument when the brother allegedly physically assaulted the councilman.
The report indicated Councilman Hamilton ‘appeared intoxicated? to the officer. At the time, Neymanowski said, ‘There was drinking involved on both ends.? No citations were issued or charges filed.
Hamilton is among five candidates competing for three council seats in the September 15 village election.