The following criminal complaint has been filed in the Tucker County Magistrate office:
Anthony Michael Ellinger, Davis, was charged with one count DUI 1st offense. According to the complaint, on Wednesday, July 15 at approximately 7:40 p.m., Cpl. J.R. Wince was conducting routine road patrol along WV32 in Davis. While on an unrelated traffic stop, he observed two males riding on a three wheel ATV leaving the Sawmill Restaurant and Lodge. He observed the driver to be wearing a light blue T-shirt and long pants. The passenger was wearing camo pants and was riding “side saddle” on the rear of the ATV. The driver made eye contact with the officer and immediately accelerated up the hill and out of sight. Wince cleared the traffic stop and began to search the area for the ATV. He was stopped by two separate individuals in the area who wanted to report the same two males on the ATV driving recklessly in the area. Wince then observed the same ATV with the same Two male occupants driving north on WV32 near the Shop-n-Save in Davis. As he approached from the rear, the driver and passenger were switching positions on the ATV while it was in motion on the roadway. Wince initiated a traffic stop and while approaching the ATV the passenger (who was the initial driver Wince observed driving) hopped off the bike and immediately put his hands in the air. He was unsteady on his feet and as Wince approached him he turned around and put his hands on his head. He was identified as the accused, Anthony Michael Ellinger. While speaking with the accused Wince could smell the strong odor of an alcoholic beverage emitting from his breath. Wince instructed Ellinger to submit to a series of sobriety tests, which he failed. He was instructed to submit to a preliminary breath test and failed that as well. He was arrested and transported to the Parsons Police Department. Wince read the accused a copy of the West Virginia Implied Consent Statement and Ellinger signed it. He then submitted to a secondary chemical test on the Intoximeter EC/IR II. The test result was a .093. All individuals are presumed innocent until proven otherwise.
