04242003 - News Article - S'ville judicial candidate cleared of alcohol charge - Judge said observations did not back up breath test - ROBERT CANTRELL

S'ville judicial candidate cleared of alcohol charge
Judge said observations did not back up breath test
NWI Times
Apr 24, 2003
nwitimes.com/news/state-and-regional/s-ville-judicial-candidate-cleared-of-alcohol-charge/article_9926ddff-c81a-590e-99f1-a7fcf7bc23cb.html
SCHERERVILLE -- A town judge candidate has been cleared of a drunken driving charge two weeks before the election.

The Lake County prosecutor's office dismissed a misdemeanor count against Randy A. Godshalk on Tuesday after a judge ruled the evidence against him was too unreliable to be used in a trial.

"The court did not believe the (arresting) officer's testimony that a portable breath test registered .14 percent was accurate based upon all other observations," Godshalk stated Wednesday.

Godshalk is one of four Democrats running in the May 6 primary for municipal judge. The others are Kenneth L. Anderson, Benjamen W. Murphy and the incumbent judge Deborah A. Riga.

Murphy was charged last week with operating a vehicle while intoxicated on Interstate 65 in Merrillville.

Officer Robert W. Bailey arrested Godshalk the night of Jan. 28 at Broad Street and Manor Drive in Griffith for failing to turn on his headlights.

The arresting officer alleged Godshalk had watery eyes, a faint odor of alcohol and was slow in reciting the alphabet. He said Godshalk submitted to the portable breath test.

Merrillville lawyer Paul Stracci, who represents Godshalk, said Wednesday, "The videotape was the key. It was indisputable evidence there was no probable cause to arrest him."

Pro-tempore Superior Court Judge Kristina Kantar wrote in her findings that Godshalk's "driving, motor skills, speech, mental acuity and reaction time were all unimpaired."

Kantar said Bailey's squad car was equipped with a camera that shows Godshalk getting out of his car, walking to the police car and a microphone that recorded his conversation with the officer.

"Defendant's speech is not slurred. His thinking appears to be clear, rational and coherent and at all time (Godshalk) remains cooperative and compliant," according to Kantar.

The judge also ruled the portable breath test wasn't reliable enough and that neither a better breath tester nor certified operator were available that night to measure Godshalk's blood-alcohol concentration.