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Police Beat: Allegedly no tire for 11 miles, no license since 1977, driver accused of DWI

By Howard B. Owens

Duane Martin Bush, 61, of Silver Road, East Bethany, is charged with a felony DWI, aggravated DWI, aggravated unlicensed operation of a vehicle, 1st, failure to keep right and operating a motor vehicle without a license. A witness reported seeing a vehicle driving on Francis Road with a deteriorating tire at around 11:38 a.m., Tuesday. Deputy Brian Thompson responded and located a white van at 11145 Silver Road, East Bethany. Thompson would learn the van was allegedly driven by Bush, and that Bush had operated the van for about 11 miles without a right rear tire. Bush has allegedly been driving without a license since 1977. Bush allegedly drove with a BAC at least 3.5 times over the legal limit. Bush's license was reportedly revoked for a DWI conviction within the past 10 years.

Christopher D. Olin, 21, 679 E. Main St., Batavia, is charged with sexual misconduct. Olin is accused of having sexual intercourse with a person without her consent while at his apartment on May 26.

Thomas J. Torres, 47, of 113 Jackson St., Apt. 4, Batavia, is charged with unlawful possession of marijuana. Torres was cited at 1:17 a.m. today in the area of 40 Ellicott St., Batavia.

Richard Devan Westbrook, 22, of Clifton Street, Rochester, was picked up on an arrest warrant for alleged petit larceny. He was turned over to local law enforcement by the Monroe County Sheriff's Office. He was jailed on $1,500 bail.

Dave Olsen

I saw Joey Chitwood drive on 2 tires when I was a kid, but I've never seen anyone drive down the road with 3 tires. My friends and I tried some of that stuff when in high school, but noone ever did it. Maybe our blood/alcohol levels were too low.

Aug 18, 2010, 9:16am Permalink
C. M. Barons

Thomas, the math didn't work for me, either. I assume Bush's license had been revoked in 1977 following two DWI convictions within a 10 year period.

Amazing to me- the guy must be a friend to all- no one blew him in over the course of three decades.

Aug 18, 2010, 6:58pm Permalink
Gary Spencer

I remember quite a few years ago, a buddy of mine was driving drunk, the police put spikes down and blew out all four tires, he kept driving down Ellicott St., sparks were flying, he finally stopped and was arrested, wild to see it though.

Sad to say he is dead now. :(

Aug 18, 2010, 11:53pm Permalink
John Stone

@ C.M. Barons:
The law that mentions two DWI's within a ten year period wasn't passed until the late 90's. For a time previous to that, the felony 'break-point' was at two within five years.

Also, the revocation of his license would actually have been a revocation of his right to apply for a driver's license, whether or not he had one at the time.
If we could look at the original charges against him then, there would likely be a "Driving without a license" charge that was dropped...
He just did what so many DWI convicts do: Just keep on driving...
Back in the early 80's, I met a man who was dealing with the consequences of his 17'th DWI... He had never done a day of jail time...
I'm a Chemical Dependency nurse, and deal with people under many different legal circumstances. I do have a problem with the issue of sentencing these people to prison time, though...
They are obviously dealing with alcoholism (and drug addiction), which is classified as a mental disease.
Why don't they sentence certain epileptics to prison time? I know of several instances of epileptics causing damage, injury, and death due to crashes because they had seizures while driving... When are they going to begin sentencing people with cancer or heart disease?
(And don't tell me that it's because these people made the choice to drink... The definition of an alcoholic or addict means that they don't actually have the choice whether to drink (use) or not. Their disease makes them do it. If they had the ability to actually choose to not drink, they wouldn't be alcoholic... After that drink (or drug) they are no longer able to make a rational decision as to whether they are going to drive or not... Just points to ponder, though non-addicts can't really wrap their minds around those facts.)

Sep 2, 2010, 10:19am Permalink

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