A drunken driving trial for Mesalands Community College President Phillip Barry has been continued for the third time.
Barry’s trial was moved to Sept. 2, Second Judicial District Assistant District Attorney Susan Stinson said Tuersday. Stinson is prosecuting the case.
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“Mr. Barry’s attorney, Dean Border, was ill and out of court for a week,” Stinson said. “He asked for a continuance because he was not feeling well.”
Stinson said she opposed the continuance and was ready to proceed with the trial with both of the officers present.
“The judge only allowed the continuance if the counsel agreed to waive the six month rule,” Stinson said. “This would allow our office not to be bound by time to prosecute this case.”
Border confirmed Tuesday that he agreed to waive.
“Every case has a time limit, in which it has to be brought to trial,” said Border. “By waiving the rule there is no longer a time limit for this case.”
The case was continued April 2 because the judge was unavailable and again on April 7 because a police officer was sick, according to court records.
Mesalands’ Public Relations Director Kimberly Hanna said neither Barry nor the Mesalands Board of Trustees would comment on the case.
Barry was arrested fro driving under the influence Oct. 16 by Albuquerque police, who say he failed three sobriety tests.
According to a police report obtained by the Quay County Sun:
Barry was stopped for driving 45 mph in a 35 mph zone.
Barry was 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.