Gardner accused of DUI again
David Gardner, 53, was arrested just after 10:20 p.m. after a detective with the Utah County Major Crimes Task Force spotted him walking to his car outside a 7-Eleven gas station in Springville.
"The clerk pointed to Gardner, who had already walked out, and said, 'Man, that dude smells really bad of alcohol,"' said Major Crimes Lt. Richard Ferguson, relaying what his officer had told him.
The officer said he turned around in time to recognize Gardner and see him get into the car. By the time the officer got to the car, Gardner had turned the key and put the car in gear.
The plainclothes officer identified himself and had Gardner turn off the car and step outside to perform field sobriety tests, which he failed, Ferguson said.
His final blood alcohol level was 2.19 — nearly halfway to dead at 5.0, Ferguson said.
"That's not a buzz, that's drunk, drunk," Ferguson said.
Gardner was cooperative with the officer who booked him into the Utah County Jail just after 10:20 p.m. for investigation of DUI. He bailed out an hour later.
In October 2000, he was arrested by Provo police for DUI and later pleaded guilty to class B charges of driving under the influence and open container in the vehicle.
He was sentenced to two days in jail for work diversion, and required to pay more than $1,400 in fines. He was also ordered to complete an alcohol evaluation.
"We really were not targeting him," Ferguson said. "(Major crimes) does primarily drug cases, but we're also police officers in the field. When we see crime happening, we take action. That's what happened."
Gardner was also charged with sexual battery in Orem's 4th District Court last May, after a Payson woman went to police with allegations that he had groped her thigh, grabbed her buttocks and kissed his fingers then put them on her face.
He pleaded no contest to a class B misdemeanor of assault Friday morning, although the plea was not influenced by Thursday's arrest, said his attorney, Mike Esplin.
"He (pleaded) no contest," Esplin said. "He still disputes that it happened. But ... he wants to get it wrapped up and get on with his life."
Recent comments
The party of "law and order"??!!?
GOP | May 3, 2008 at 3:31 p.m.
You can leave the republican party and yet keep your celestial place...
doug | May 3, 2008 at 3:20 p.m.
Gardner is a Republican who served as County Commissioner in Utah...
Cannon's Cannon | May 3, 2008 at 1:49 p.m.
