Published: November 16, 2009 10:04 pm      

McCartin-Benedetti’s hearing on OWI rescheduled

Troopers allege argumentative councilwoman refused blood test

New Albany City Councilwoman Diane McCartin-Benedetti was scheduled to appear in Floyd County Superior Court No. 2 on Monday, but that hearing was rescheduled until Dec. 7.

McCartin-Benedetti, 46, has been charged with class C misdemeanor operating a vehicle while intoxicated. She was arrested at 2:30 a.m. on Nov. 7 at Spring and Woodrow avenues in New Albany.

Although she maintains her innocence, court records indicate she argued with state troopers and tried to fake taking a blood-alcohol test.

The councilwoman, who was driving a white Lexus, was clocked by Indiana State Police troopers driving 40 miles per hour in an area with a 30-mile-per-hour speed limit, according to a probable cause affidavit.

After being pulled over, McCartin-Benedetti reportedly told police she did not have her license with her and identified herself as a New Albany City Council member.

The trooper said she had slow speech, bloodshot eyes, and a red flushed face and that she smelled of alcohol. According to the affidavit, she told police she had two glasses of wine and later said that she was close to home.

At one point the trooper told her that he would not be influenced by her position on the city council, court documents state.

McCartin-Benedetti initially told police she did not want to take a preliminary breath test “because she did not want to go to jail,” court records state.

After asking the trooper questions and agreeing to take the test, she reportedly tested .10 for blood-alcohol content on a “weak sample.” The legal limit in Indiana is .08.

The trooper noted in his report that Benedetti was “indifferent about everything.”

After being transported to the Floyd County Jail, McCartin-Benedetti reportedly debated for 20 minutes about whether she would take the certified chemical test. She even saw a log of people who had been tested that night and said that all of the certified test results came out higher than the preliminary test results in the field. The trooper showed her more results to “ease her mind” and show her that the certified test is sometimes lower.

McCartin-Benedetti took the test twice and both resulted in “invalid” readings. The affidavit states that McCartin-Benedetti “provided (a) lackluster effort to compete the test and tried faking like she was blowing several times.”

She reportedly said her device was not working correctly, and the trooper demonstrated that is was working fine.

The trooper then asked McCartin-Benedetti to consent to a blood test at the hospital, and the councilwoman reportedly became upset and said “she was done” and would not take a blood test. She was arrested for OWI by refusal.

The councilwoman also reportedly refused to give police her maiden name when she was asked. Police were trying to check her previous driving history. They recommended she be charged with more serious counts of OWI as a class A misdemeanor and public intoxication, a class B misdemeanor.

McCartin-Benedetti was booked into the jail after 4 a.m. on that Saturday. Judge Glenn Hancock released the councilwoman on recognizance from jail at 10:44 a.m. that day. The trooper wrote in his affidavit that “several hours before the automatic refusal time normally applied by the jail policy.”

Hancock told The Tribune that he did not handle this case any different than any other cases.

“If it’s someone I have some knowledge of or if an attorney has entered on the case, they’re released after their burn-off period,” he said.

McCartin-Benedetti could face up to 60 days in jail and a $500 fine.

“I’m innocent and the facts will be forthcoming,” McCartin-Benedetti told The Tribune last week.

She declined to answer any questions. Her attorney, Bart Betteau, did not return a call seeking comment.