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, couldn’t remember the accident and was suffering from injuries while speaking with police.

The defendant’s nephew and brother told jurors that Mr. McRobbie had consumed only one beer and didn’t 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 hadn’t smelled of alcohol while being treated, but denied observing a head injury.

The court also dismissed Mr. McRobbie’s contention that he did not receive proper legal counsel.

Thousands of readers like you have made Northern New York Newspapers the number one ranked website* for local news and sports coverage in the north country.

You can continue on to this article in a few seconds, or you can visit one of our websites:

• Watertown Daily Times
• The Ogdensburg Journal
• Daily Courier-Observer