POUGHKEEPSIE – After finishing jury selection early Wednesday morning, the DWI prosecution of Poughkeepsie Common Council Chairperson Sarah Salem began in front of Judge Scott Volkman. Salem is charged with DWI after a February 26, 2020 DWI in which she allegedly ran a red light and struck another vehicle.
The account of the accident and delayed proceedings can be found here.
City of Poughkeepsie Police Officer James Simmons administered the field sobriety test to Salem at the accident scene. On Wednesday he testified that he observed that Salem’s eyes were glassy and her breath smelled of alcohol before she failed other parts of the test.
Simmons said that Salem failed the horizontal gaze nystagmus test used to measure nystagmus, which is the medical term for involuntary jerking of the eyeballs. Nystagmus can occur for many reasons but becomes more pronounced when someone is intoxicated. When asked to describe what Salem’s eyes looked like during the test he said, “They looked like windshield wipers going across a dry windshield.” She, according to Officer Simmons, also failed to maintain balance and was unable to fully perform the heel-to-toe walking test.
When administered a breathalyzer at the police station after being taken into custody, Salem’s blood-alcohol content was .08%, which qualifies as a DWI.
Prior to Officer Simmons, the first witness that the eight jurors (six jurors and two alternates) heard was Jonita Swinton, who was operating the vehicle that was struck by Salem.
The witness testified that the collision spun her car around. When it stopped, she exited the vehicle and stood on the sidewalk where Salem approached her to ask if she was okay while apologizing for running the red light. Ms. Swinton told the jurors that she smelled alcohol on Salem’s breath and told the council chair that she was calling the police. Salem allegedly asked if the situation could be handled without police involvement. Swinton told her “Running a red light is not all you did – I can smell the alcohol on your breath,” and called the police.
Swinton suffered a knee injury as a result of the wreck which required surgery, keeping her out of work for eight months.
The second witness called by the prosecution identified herself as Kimmery Levering, a friend of Salem’s and was a passenger in the car driven by Salem at the time of the wreck.
Levering testified that both she and Salem had been having drinks at a Main Street pub after a Democratic Committee meeting earlier in the evening. Levering testified that Salem had purchased a new car and the two went for a ride after having a few beers at the bar. Asked if Salem was distracted while driving, the witness said that Salem was showing the features of the 2019 Chevrolet to Levering when the accident happened. The witness added that she did not think Salem was intoxicated but admitted to having no formal training to make that assessment.
The trial concluded at 3:30 p.m. on Wednesday. Officer Simmons will continue his testimony at 9:30 a.m. on Thursday. Officer Simmons will continue his direct examination before Salem’s attorney, Steve Patterson questions the officer during cross-examination.
