CANTON A Hermon man who claimed he was not drunk but instead suffering from a head injury in the aftermath of a 2008 ATV crash lost his appeal in a state appellate court Thursday.
David E. McRobbie, 42, was found guilty in January 2010 of felony driving while intoxicated after a two-day trial. He was sentenced to 120 days in county jail and five years probation, but appealed that ruling.
During the trial, the state trooper who arrested him testified that he saw Mr. McRobbie driving an ATV without a helmet in a parking lot in the village of Hermon, then followed him and watched him swerve off and on a highway, into a driveway and through a backyard.
The trooper eventually found Mr. McRobbie lying next to the overturned ATV with beer cans, ice and a cooler on a nearby road.
Mr. McRobbie admitted on the scene to consuming an unspecified amount of alcohol and the trooper testified the defendant smelled of alcohol and struggled to walk.
Mr. McRobbie challenged his conviction, claiming he hit his head, couldnt remember the accident and was suffering from injuries while speaking with police.
The defendants nephew and brother told jurors that Mr. McRobbie had consumed only one beer and didnt appear intoxicated the night of the incident. A triage nurse testified that symptoms of intoxication and head injuries can appear similar and that Mr. McRobbie hadnt smelled of alcohol while being treated, but denied observing a head injury.
The court also dismissed Mr. McRobbies contention that he did not receive proper legal counsel.