|An Orma resident was found not guilty by a Calhoun jury yesterday in Grantsville.|
Eric D. Marks, 33, had been indicted for driving under the influence, third offense, after being arrested by DNR officer John Apgar. The charge was a felony.
Attorney George Cosenza of Parkersburg, questioned sobriety tests administered to Marks by Apgar, claiming they were invalid.
Marks claimed he had difficulty performing parts of the test because an injured foot caused problems with his balance, saying he was ill at the time of the traffic stop.
Some parts of the sobriety test were thrown out.
The court had earlier rejected a plea agreement which Marks reportedly agreed to second offense DUI.
Judge Thomas Evans III advised Marks that charges had been dropped, after the jury reached their decision.
Nearly three years had gone by since Marks was arrested by Apgar.