Barry failed three sobriety tests according to police

By Thomas Garcia: Quay County Sun

Albuquerque police say Mesalands Community College President Phillip O. Barry failed three sobriety tests when he was arrested last October for driving under the influence.

Barry faces pre-trial hearings Jan. 4 on charges of driving while intoxicated.

According to a police report obtained by the Quay County Sun:

Barry was stopped Oct. 16 for driving 45 mph in a 35 mph zone. He was driving a maroon 2009 Chevy utility truck.

Albuquerque Officer Leonard Mascarenas noted Barry, “showed distinct signs of intoxication.”

Asked if he had been drinking, Barry told officers, “I had some wine with dinner.”

Barry failed three field sobriety tests and was arrested and taken to Albuquerque Police Department’s Prisoner Transport Center (PTC) where a breath test was given twice. Barry’s results were .11 and .12, both over the legal limit of .08.

Monday, Mesalands’ Public Relations Director Kimberly Hanna said neither Barry nor the Meslands Board of Trustees would comment on the case or the information in the police report.

Barry’s attorney, Dean E. Border of Albuquerque, also declined comment.

Barry’s DUI trial was dismissed Dec. 4, in the Bernalillo County Metropolitan Court in Albuquerque for failure to provide discovery, according to court records.

The charges were refiled by the 2nd Judicial District Attorney’s office in the Metropolitan Court and pretrial proceedings rescheduled for Monday have been postponed until Jan. 4, according to Metro Court records.