Thursday, April 30, 2009

Judge Christine McEvoy Held up by Officer During Booking

A prominent judge arrested earlier this month in Lexington for drunken driving was held up by a police officer at her booking because “she was unsteady while walking or standing” after drinking at a 99 pub, according to Concord District Court records.

A high-heeled Superior Court Judge Christine M. McEvoy told Lexington police who stopped her 2007 Audi sedan just after 10:30 p.m. on April 15 she was headed home to Belmont from the 99 Restaurant and Pub in Woburn, where she’d had “a couple glasses of wine,” the arresting officers’ reports state.

But court filings obtained by the Herald yesterday show McEvoy, 58, who has been sitting in civil sessions at Middlesex Superior Court in Woburn, was followed down Route 128 south and onto Route 2A by a concerned Samaritan, who first notified state police about her alleged “erratic” driving, then sought out a Lexington cop to get her off the road.

The Registry of Motor Vehicles has suspended McEvoy’s license for 180 days for refusing a Breathalyzer test. Police reported she also refused to participate in field sobriety tests and wouldn’t even let a cop check her “glassy and bloodshot” eyes with a horizontal gaze nystagmus test because, the officer reported, “she responded that she did not believe in it".

She also told police she’d had hip surgery “and could not balance on one leg.”

McEvoy, who is charged with operating under the influence of alcohol and violating marked lanes, is due back in district court May 8 for a pretrial hearing. Her attorney, William H. Kettlewell, did not return a call yesterday seeking comment. Immediately after her arrest, McEvoy asked Superior Court Chief Justice Barbara J. Rouse to steer her clear of any civil or criminal cases involving drunken driving.

The Lexington officer who followed McEvoy on Waltham Street at the Samaritan’s urging noted in his report he observed her car “swerve within its own travel lane, touch the double yellow center line then at a later point completely cross over the double yellow center line.”

When he first rapped on the Audi’s driver’s window, he said McEvoy “did not react for a few seconds and then opened the door.” Her speech was “slurred,” he said.

McEvoy’s driving history includes three surchargeable accidents since 1994 and a speeding stop in Marshfield in 1991, according to RMV records.

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