The case against an Elizabethton City Councilman charged with driving under the influence has been delayed after the judge presiding over the case recused himself due to a conflict of interest.
David “Richard” Tester, 42, of 323 Pine Hill Road, appeared in Carter County General Sessions Court on Tuesday with his lawyer, local attorney Steve Finney. Tester was scheduled to be arraigned on charges of driving under the influence, reckless driving, violation of the implied consent law and violation of the open container law.
The case against Tester was postponed after Carter County General Sessions Court Judge Keith Bowers Jr. announced he had to recuse himself from the case, citing the fact that he knew Tester on both a personal and professional level.
With Bowers recusing himself, another judge will be brought over to preside over court proceedings involving Tester’s case. Tester has been scheduled to return to court on June 29 before Unicoi County General Sessions Court Judge David Shults. If Shults has no conflict of interest in the case, and his schedule permits, he will become the presiding judge for the case.
The charges against Tester stem from a police traffic stop on April 2 after a 911 caller reported a gold Chevrolet Tahoe was driving recklessly on Highway 67 heading into Elizabethton from Johnson City and the driver was possibly intoxicated.
The caller told dispatchers the driver was operating the SUV “erratically” and had an open container of alcohol in the vehicle, EPD Cpl. James Sexton said in his police report on the incident.
Sexton said he saw the vehicle traveling eastbound on West Elk Avenue near Buck Van Huss Drive and clocked the vehicle with his radar traveling 68 miles per hour in a 45 mph zone. The officer also noted he saw the driver make a sudden lane change, cutting off another vehicle and nearly striking a concrete highway divider before swerving back into its original lane.
After Sexton stopped the SUV, he was able to identify the driver as Tester.
“I asked Mr. Tester if he had been drinking alcohol, he said no two times, but then admitted he consumed ‘a couple of drinks with dinner’ after I asked him a third time,” Sexton said. “Mr. Tester said the drinks were beer and were the ‘normal size.’ Mr. Tester said he did not feel impaired.”
Sexton said Tester performed poorly on field sobriety tests and then refused to submit to tests to determine his blood alcohol level.
Officers arrested Tester and transported to the Carter County Detention Center. He was later released from the jail after Judicial Commissioner Mark Little set his bond on the charges as an O.R. (Own Recognizance) bond, which allowed Tester to be released from custody without having to post a traditional bond of money or property.