Third Dui In 10 Years Makes Felony Conviction

David Thomas Withrow, a 32-year-old Kenbridge man of 12449 Plank Road, pled guilty recently in Lunenburg Circuit Court to a felony offense of Driving Under the Influence and was sentenced to five years in prison with all suspended except one year plus an additional six months of incarceration for violating terms of a 2012 conviction and suspended sentence.

David Withrow

According to Commonwealth’s Attorney Robert Clement in a summary of evidence, the investigation revealed that on September 11, 2014, the defendant was seen driving his employer’s truck on Main Street in Kenbridge near ABC Recycling and crossing the center line.  The witness called the Sheriff’s Office and followed Withrow to where he parked his vehicle behind a laundromat on Broad Street.

Kenbridge Police Tyler Anderson located the suspect and investigated the matter as a possible DUI.  Withrow at first claimed a female friend was driving the truck, but upon being confronted at the scene, the woman admitted that both of them were lying, and that the defendant had called her and told her to meet him at the location and say she was the driver.

Sentencing Guidelines recommended a mid-point of one year.

Withrow’s additional eight years and three months are suspended upon conditions of good behavior, including abstaining from alcohol and illegal drugs, supervised probation for two years, counseling for substance abuse, payment of a $1,000 fine, suspension of his driver’s license indefinitely, and warrantless searches and seizures, including submission to preliminary breath tests, which are not normally admissible in court, but stipulated to be admissible in Withrow’s plea agreement.