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Posted: 2/16/2006 10:31:12 AM EDT
John Michael Montgomery faces drug, weapons charges
By Cassondra Kirby
LEXINGTON HERALD-LEADER (Kentucky)
Feb. 16, 2006

Country music singer John Michael Montgomery is scheduled to be arraigned this afternoon in Fayette District Court on charges of driving under the influence, possession of a controlled substance and weapons violations.

About four hours after his arrest at 2:54 a.m. today, Montgomery was released from the Fayette County Detention Center without having to pay the bond of $3,298, Lt. Darin Kelly said.

Montgomery faces two counts of carrying a concealed deadly weapon for allegedly having a loaded .22 caliber Beretta handgun under his driver’s seat. Under the passenger’s seat was a .22 caliber Browning handgun with a scope, police said.

Montgomery’s attorney, Jon A. Woodall, said the singer has a permit to carry a concealed handgun, but police said he did not have the paperwork when he was stopped.

Montgomery also was charged with having a prescription not in an original container and possession of a controlled substance, because police allegedly found the tranquilizer Valium in a medicine bottle labeled Endocet, which is a drug that contains the powerful painkiller Oxycodone.

Montgomery also was charged with operating a motor vehicle under the influence of alcohol, disregarding a traffic control device and making an improper turn.

Woodall said he expects most of the charges to be dismissed. The medicine had been prescribed to Montgomery after he underwent hip replacement surgery about a month and a half ago, Woodall said. He could not say why the medicine was not in its proper container.

“Obviously, he’s not very happy about this situation and he’s never been in a situation like this before,” Woodall said.

According to the police report, Montgomery ran a red light at Tates Creek Road and Laredo Drive about 2:35 a.m., and then he drove erratically, hitting the curb about four times and crossing the center line three times, as he headed outbound on Tates Creek Road.

The report said Montgomery then stopped at a green light at Tates Creek Road and Man o’ War Boulevard. He also smelled strongly of alcohol and failed a field sobriety test, it said.

Although Montgomery refused a breathalyzer and a urine test, Lexington police Maj. Barry Cecil said Montgomery treated the officers with respect and complied with all of their other requests. Police would not answer any other questions about the case.

Montgomery, who was born in Danville and lives in Jessamine County with his wife and two children, told the Herald-Leader last year that he has a painful inflammatory condition. He also has had several surgeries.

“I haven’t had the best luck. I broke my leg back in the winter of 1999-2000. I broke it twice in four months. I had one surgery on my hips. Then I had to have a tonsillectomy. Hopefully, I’m definitely done being under the knife for a while. I think things are finally changing around. I haven’t had any accidents lately. I also have Eagle syndrome.” (The syndrome is an inflammation of the styloid process, which is a spikelike projection sticking off the base of the skull.)

Montgomery, 41, left his Warner Bros. record label and was searching for a new label last year. His song Letters From Home was the No. 5 country single of 2004.

Since his first record deal in 1991, Montgomery has sold more than 15 million records and has produced 15 No. 1 hits.

He opened a restaurant, John Michael’s Hometown Bar and Grill, in Nicholasville last year.

In early February, Montgomery asked the Nicholasville City Commission to consider allowing Sunday alcohol sales in restaurants. He said Nicholasville restaurants needed the Sunday sales to compete with Fayette County restaurants.

Nicholasville already allows alcohol sales Monday through Saturday. According to Mayor John Martin, an online survey showed most Nicholasville residents oppose Sunday sales.



Reach Cassondra Kirby at (859) 231-3266 or ckirby@herald-leader.com.


www.kentucky.com/mld/kentucky/13887377.htm
Link Posted: 2/16/2006 10:34:01 AM EDT
So a drunk driver in Kentucky had a couple of guns in his vehicle. This would be news to whom?
Link Posted: 2/16/2006 10:34:03 AM EDT
They were sure as shit stacking charges on him. Get him on the DUI, run the fucking check to see if he has a CCW, and relize that most people combine pills into one bottle.
Link Posted: 2/16/2006 10:35:49 AM EDT

Originally Posted By PAEBR332:
So a drunk driver in Kentucky had a couple of guns in his vehicle. This would be news to whom?

+1
Link Posted: 2/16/2006 10:39:45 AM EDT

Originally Posted By PAEBR332:
So a drunk driver in Kentucky had a couple of guns in his vehicle. This would be news to whom?


Link Posted: 2/16/2006 10:41:33 AM EDT
"Life's a Dance"......hope he leared something from that.
Link Posted: 2/16/2006 10:42:40 AM EDT

Originally Posted By j-fonz:

Originally Posted By PAEBR332:
So a drunk driver in Kentucky had a couple of guns in his vehicle. This would be news to whom?



I think ya'll offended Winkler
Link Posted: 2/16/2006 10:42:43 AM EDT
[Last Edit: 2/16/2006 10:43:06 AM EDT by wildearp]
Kinda sounds like he will beat all the charges and lose his license for a year. He might have a hard time affording a chauffeur..............Ha. Good thing he wasn't bird hunting.
Link Posted: 2/16/2006 10:44:20 AM EDT
The way I read it all he had was a couple of .22's. Where were the deadly weapons mentioned in the charges?

CO
Link Posted: 2/16/2006 10:44:24 AM EDT
The guy is an idiot. The police should have beat the crap out of him for being stupid and then let him go home. First, driving drunk is something that deserves a beating. Second, in Kentucky if the gun is in plain view or in the glove box it is not considered concealed and perfectly legal even without a permit. Third, who the hell puts a scope a .22 caliber handgun?

The laws in Kentucky are very relaxed when it comes to a lot of things; however, even the most peaceful animal will bite you if you poke it enough times. John Michael Montgomery did just that. What an idiot.
Link Posted: 2/16/2006 10:46:10 AM EDT
Fuggin' redneck.
Link Posted: 2/16/2006 10:47:36 AM EDT
Gona be tough to get a conviction with no blood or breath evidence. i dint know why they accepted a refusal. there is plenty of case law that says you can force blood.

I predict he will plead guilty to reckless driving and all other charges will be thrown out.
Link Posted: 2/16/2006 10:48:19 AM EDT
Lifes a dance, you learn as you go.
Link Posted: 2/16/2006 10:50:40 AM EDT
[Last Edit: 2/16/2006 10:52:27 AM EDT by AR15fan]

Originally Posted By Dusty_C:
...and relize that most people combine pills into one bottle.



So when you find a doper with Oxycontin, Vicodin, Narco, Methadone in his 3 year old Amoxicillin bottle you should just assume he has a prescription and let him go? Most of these things happen late at night when you can't call the doctors office and verify the duration of the Rx.

People with a real medical need should be smart enough to carry the pills in the original bottle or at least have the name and phone number of their doctor's answering service memorized.
Link Posted: 2/16/2006 10:56:44 AM EDT

Originally Posted By AR15fan:
Gona be tough to get a conviction with no blood or breath evidence. i dint know why they accepted a refusal. there is plenty of case law that says you can force blood.

I predict he will plead guilty to reckless driving and all other charges will be thrown out.



In Kentucky refusal to give a breath or urine test is treated as an automatic failure. A friend of my ex got pulled over and was scared and didn't know what to do so she told them no to the breathalizer. They arrested her on the spot and the charge stuck.
Link Posted: 2/16/2006 11:06:15 AM EDT

Originally Posted By SWIRE:

Originally Posted By AR15fan:
Gona be tough to get a conviction with no blood or breath evidence. i dint know why they accepted a refusal. there is plenty of case law that says you can force blood.

I predict he will plead guilty to reckless driving and all other charges will be thrown out.



In Kentucky refusal to give a breath or urine test is treated as an automatic failure. A friend of my ex got pulled over and was scared and didn't know what to do so she told them no to the breathalizer. They arrested her on the spot and the charge stuck.



I suspect this guy will be able to afford the best DUI lawyers in the state. Just a hunch.
Link Posted: 2/16/2006 12:36:22 PM EDT

Originally Posted By AR15fan:

Originally Posted By Dusty_C:
...and relize that most people combine pills into one bottle.



So when you find a doper with Oxycontin, Vicodin, Narco, Methadone in his 3 year old Amoxicillin bottle you should just assume he has a prescription and let him go? Most of these things happen late at night when you can't call the doctors office and verify the duration of the Rx.

People with a real medical need should be smart enough to carry the pills in the original bottle or at least have the name and phone number of their doctor's answering service memorized.

you really overestimate the average person. My mother is on 12 different meds. You think she carries around all the bottles? Nope. She'd be crazy to. And do you honestly think that a cop is gonna wait around while you call your "doctor" to verify that your on that med? Get a clue man.
Link Posted: 2/16/2006 12:46:36 PM EDT

Originally Posted By AR15fan:

Originally Posted By Dusty_C:
...and relize that most people combine pills into one bottle.



So when you find a doper with Oxycontin, Vicodin, Narco, Methadone in his 3 year old Amoxicillin bottle you should just assume he has a prescription and let him go? Most of these things happen late at night when you can't call the doctors office and verify the duration of the Rx.

People with a real medical need should be smart enough to carry the pills in the original bottle or at least have the name and phone number of their doctor's answering service memorized.



guilty until proven innocent huh?
Link Posted: 2/16/2006 12:47:26 PM EDT

Originally Posted By Kalahnikid:
Lifes a dance, you learn as you go.




That was the exact thing I thought when I read the thread title
Link Posted: 2/16/2006 12:48:46 PM EDT

Originally Posted By AR15fan:

Originally Posted By SWIRE:

Originally Posted By AR15fan:
Gona be tough to get a conviction with no blood or breath evidence. i dint know why they accepted a refusal. there is plenty of case law that says you can force blood.

I predict he will plead guilty to reckless driving and all other charges will be thrown out.



In Kentucky refusal to give a breath or urine test is treated as an automatic failure. A friend of my ex got pulled over and was scared and didn't know what to do so she told them no to the breathalizer. They arrested her on the spot and the charge stuck.



I suspect this guy will be able to afford the best DUI lawyers in the state. Just a hunch.



In a lot of states impairment can be proved by SFST's.

It has to be OWI #3 before we DEMAND a test around here. Other places nearby NEVER make a test mandatory.
Link Posted: 2/16/2006 12:50:19 PM EDT

Originally Posted By fossil_fuel:

Originally Posted By AR15fan:

Originally Posted By Dusty_C:
...and relize that most people combine pills into one bottle.



So when you find a doper with Oxycontin, Vicodin, Narco, Methadone in his 3 year old Amoxicillin bottle you should just assume he has a prescription and let him go? Most of these things happen late at night when you can't call the doctors office and verify the duration of the Rx.

People with a real medical need should be smart enough to carry the pills in the original bottle or at least have the name and phone number of their doctor's answering service memorized.



guilty until proven innocent huh?



Rx meds are supposed to be in RX bottles, that are lebaled with the possesor's name, prescribing doctor, pharmacy, and a description of the medication.........................................
Link Posted: 2/16/2006 12:50:43 PM EDT
So after all that hype in the headline, the only crime he MAY have comitted is drunk driving?
Jesus, talk about hyperbole...
Link Posted: 2/16/2006 1:00:52 PM EDT
All he needs now is for his wife to leave him, his son to turn queer, and his truck to break down, and he could write another song.
Link Posted: 2/16/2006 1:36:57 PM EDT
im from fayette co. i didn't know he was even here, oh well
Link Posted: 2/16/2006 1:39:40 PM EDT

Originally Posted By TravisM1:
All he needs now is for his wife to leave him, his son to turn queer, and his truck to break down, and he could write another song.

It's the new modern country, he has to turn queer, not his son.
Link Posted: 2/16/2006 1:42:15 PM EDT

Originally Posted By Dusty_C:

Originally Posted By j-fonz:

Originally Posted By PAEBR332:
So a drunk driver in Kentucky had a couple of guns in his vehicle. This would be news to whom?



I think ya'll offended Winkler



I think you could freely interchange Arkansas with Kentucky in that statement
Link Posted: 2/16/2006 2:50:11 PM EDT

Originally Posted By AR15fan:

Originally Posted By SWIRE:

Originally Posted By AR15fan:
Gona be tough to get a conviction with no blood or breath evidence. i dint know why they accepted a refusal. there is plenty of case law that says you can force blood.

I predict he will plead guilty to reckless driving and all other charges will be thrown out.



In Kentucky refusal to give a breath or urine test is treated as an automatic failure. A friend of my ex got pulled over and was scared and didn't know what to do so she told them no to the breathalizer. They arrested her on the spot and the charge stuck.



I suspect this guy will be able to afford the best DUI lawyers in the state. Just a hunch.



Well from the stories I hear about this state he doesn't even need the best lawyer to pretty much walk away from the charges. My current girlfriend has a friend and the father of her baby is 27 and on his 5th DUI. He just got a lawyer for the first time so that he wouldn't go to jail. He still ended up in jail but only for Friday and Saturday nights for 2 months! That's right 5 DUIs in 6 years of legal drinking and all he gets is 16 days in jail. What a joke.
Link Posted: 2/16/2006 2:58:55 PM EDT

Originally Posted By Dusty_C:

Originally Posted By AR15fan:

Originally Posted By Dusty_C:
...and relize that most people combine pills into one bottle.



So when you find a doper with Oxycontin, Vicodin, Narco, Methadone in his 3 year old Amoxicillin bottle you should just assume he has a prescription and let him go? Most of these things happen late at night when you can't call the doctors office and verify the duration of the Rx.

People with a real medical need should be smart enough to carry the pills in the original bottle or at least have the name and phone number of their doctor's answering service memorized.

you really overestimate the average person. My mother is on 12 different meds. You think she carries around all the bottles? Nope. She'd be crazy to. And do you honestly think that a cop is gonna wait around while you call your "doctor" to verify that your on that med?



I am a cop, Dusty. I regularly investigate people for B&P 4060 Possess controlled substance without prescription. I'm thrilled when the suspect knows his doctors name and phone number and I'm able to call that doctor.

Most times suspects dont have that info. instead i have to interview them and ask them when the medication was prescribed, in what quantity, for what duration, for what ailment and the precribing doctors name and office location. that ifo, as provided by the suspect is listed in the report, for each type of Rx controlled substance found. It makes for long interviews and longer reports.


Get a clue man.


Take your own advice man. you clearly have no significant experiance in how Rx drug cases are investigated by street cops.
Link Posted: 2/16/2006 3:00:16 PM EDT
But John Michael is such a softie!!!!
Link Posted: 2/16/2006 3:01:02 PM EDT

Originally Posted By fossil_fuel:

Originally Posted By AR15fan:

Originally Posted By Dusty_C:
...and relize that most people combine pills into one bottle.



So when you find a doper with Oxycontin, Vicodin, Narco, Methadone in his 3 year old Amoxicillin bottle you should just assume he has a prescription and let him go? Most of these things happen late at night when you can't call the doctors office and verify the duration of the Rx.

People with a real medical need should be smart enough to carry the pills in the original bottle or at least have the name and phone number of their doctor's answering service memorized.



guilty until proven innocent huh?



Cops work in the probable cause business. Reasonable doubt is up to the DA and the defense. Guilt or Innocense is up to the jury or the judge.
Link Posted: 2/16/2006 3:06:17 PM EDT
[Last Edit: 2/16/2006 3:09:11 PM EDT by AR15fan]

Originally Posted By OLY-M4gery:

Originally Posted By AR15fan:

Originally Posted By SWIRE:

Originally Posted By AR15fan:
Gona be tough to get a conviction with no blood or breath evidence. i dint know why they accepted a refusal. there is plenty of case law that says you can force blood.

I predict he will plead guilty to reckless driving and all other charges will be thrown out.



In Kentucky refusal to give a breath or urine test is treated as an automatic failure. A friend of my ex got pulled over and was scared and didn't know what to do so she told them no to the breathalizer. They arrested her on the spot and the charge stuck.



I suspect this guy will be able to afford the best DUI lawyers in the state. Just a hunch.



In a lot of states impairment can be proved by SFST's.



Including mine. but the DA's sure prefer some hard evidence.


It has to be OWI #3 before we DEMAND a test around here. Other places nearby NEVER make a test mandatory.



Is that department policy or state law?

We give the arrestee a choice of blood or breath. If he/she refuses then we document that refusal, take blood by force if necessary, then document that forced blood draw in the report. Thats the worst of both worlds for the defendant because DMV and the courts see it as a refusal, which carries harsher penalties, yet we still get the hard evidence.

I've forced blood from anyone from cage fighters to DUI attornies. They all stick their arm out there eventually.
Link Posted: 2/16/2006 4:47:42 PM EDT

Originally Posted By AR15fan:

Including mine. but the DA's sure prefer some hard evidence.

Is that department policy or state law?

We give the arrestee a choice of blood or breath. If he/she refuses then we document that refusal, take blood by force if necessary, then document that forced blood draw in the report. Thats the worst of both worlds for the defendant because DMV and the courts see it as a refusal, which carries harsher penalties, yet we still get the hard evidence.

I've forced blood from anyone from cage fighters to DUI attornies. They all stick their arm out there eventually.



I think you mean the DA's prefer you do as much work as possible, so they have to do as little as possible.

It's the DA Office policy.

1st offense OWI here isn't even a crime, it's a traffic violation.
Link Posted: 2/16/2006 10:07:38 PM EDT
Probably gonna do a drive-by.
Link Posted: 2/16/2006 10:11:24 PM EDT

Originally Posted By RikWriter:
So after all that hype in the headline, the only crime he MAY have comitted is drunk driving?
Jesus, talk about hyperbole...



Definately sounds that way.
Link Posted: 2/17/2006 10:35:13 AM EDT

Originally Posted By OLY-M4gery:

Originally Posted By AR15fan:

Including mine. but the DA's sure prefer some hard evidence.

Is that department policy or state law?

We give the arrestee a choice of blood or breath. If he/she refuses then we document that refusal, take blood by force if necessary, then document that forced blood draw in the report. Thats the worst of both worlds for the defendant because DMV and the courts see it as a refusal, which carries harsher penalties, yet we still get the hard evidence.

I've forced blood from anyone from cage fighters to DUI attornies. They all stick their arm out there eventually.



I think you mean the DA's prefer you do as much work as possible, so they have to do as little as possible.



I think thats true just about everywhere.
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