A man who allegedly drove a vehicle while under the influence of drugs -- and with children in the vehicle with him -- is facing three charges, according to a report from the Sallisaw Police Department.
Records show that Dustin Shane Martindale, 36, of Sallisaw was charged Sept. 25 with child endangerment by driving under the influence, a felony, and a pair of misdemeanor charges for driving a motor vehicle under the influence of drugs and transporting an open container of an intoxicating beverage.
According to the report, an officer patrolling eastbound on Cherokee Avenue just west of Sallisaw Creek Park saw a westbound vehicle he clocked at 73 mph in a 55-mph zone.
The 2014 gold Dodge Charger reportedly slowed when the officer initiated a traffic stop, but the driver then sped off.
The officer made contact with the driver, Martindale, and discovered an open case of Keystone Light beer in the passenger’s seat.
While speaking with Martindale, the officer noticed that the man had bloodshot eyes and his speech was slurred. There were two children in the vehicle’s back seat.
Martindale admitted to having no insurance on the vehicle. When asked how much he’d had to drink that day, he said he’d had about “half a beer.”
When Martindale opened the door of the Charger, the officer noticed three open cans of beer in the floorboard, one of which had spilled onto the floor. Continuing the search of the vehicle, the officer found an empty bottle of Fireball cinnamon whiskey lying on the front floorboard on the passenger’s side.
The officer collected the bottles and the open case of beer, which was still cold to the touch and only had three unopened beers inside.
Another officer discovered a pill bottle and spoon in the car’s center console. The spoon had a green, powdery residue on it and the pill bottle contained the same green powder, which officers suspected was Kratom. The powdery residue was also found on the driver’s seat.
Martindale was asked once again how much he’d had to drink. He told officers he’d had “about three beers” in the last couple of hours. He failed subsequent field-sobriety tests, according to the report. Officers asked Martindale to take a breath test, but he refused, saying, “I’ve been in a lot of trouble lately and I’m on probation.”
Martindale asked why police had stopped him and he denied that he had been speeding. He was then placed in handcuffs and transported to the Sallisaw Police Department.
Officers waited with the children at the scene until their grandfather arrived to pick them up.
Records show Martindale was previously charged with two DUIs in Oklahoma and had to complete three alcohol-education classes in Arkansas in 2008, 2009 and 2015.
The child endangerment charge is punishable by up to four years in prison and/or a $5,000 fine. The misdemeanor driving under the influence of drugs count carries a penalty of imprisonment for up to one year and a fine of up to $1,000. The charge for traveling with an open container is punishable by up to six months in prison, a fine of up to $500 or both.
Martindale was released on $10,500 bond. He appeared in court Oct. 2.
Laura Brown, KXMX Staff Writer
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