AUGUSTA — A city man who was cleared of a drunken driving charge during a trial Thursday was charged by Augusta police during the wee hours Saturday morning with the same offense after allegedly refusing to pull over during a traffic stop.

Jose Jesus Tapia-Smith, 21, of Augusta, was charged with operating under the influence of intoxicating liquor, eluding a police officer, driving to endanger and operating while license suspended or revoked, Deputy Chief Jared Mills said in a news release.

Police said the incident started about 1:15 a.m. Saturday when officer Nicholas Sterling tried to pull over a motor vehicle near Water Street. The vehicle refused to pull over after the officer’s emergency equipment was activated and it then kept driving away from the officer “in an attempt to avoid apprehension,” according to the release.

The vehicle eventually stopped on Old Belgrade Road, and the officer identified the driver as Tapia-Smith and arrested him, police said.

Tapia-Smith’s bail was set at $7,500 cash before he was taken to the Kennebec County jail in Augusta.

On Thursday, Tapia-Smith was acquitted of a charge of operating under the influence after a one-day jury trial at the Capital Judicial Center. At the time, he also pleaded guilty to a charge of operating beyond license restriction and was fined $500, in connection with an offense on April 8, 2015, in Augusta.

At the time, District Attorney Maeghan Maloney said that judges are “offering different interpretations of the OUI statute that makes it difficult to determine what evidence will be required to get a (blood-alcohol content) test result admitted.”

“For some judges only the officer who administered the test is necessary,” Maloney said at the time. “For other judges, an expert witness, plus the site coordinator, plus the person who poured the liquid into the machine are needed. This is causing a great additional expense to law enforcement. Once a test result is not admitted it is very difficult to proceed.”

Maloney said at the time that the case highlighted the need for the Legislature to re-examine the OUI statute to clarify the requirements.


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