A Sun Valley man was arrested Saturday for two felony charges of DUI and eluding police officers and was released from jail on a $10,000 bond Tuesday following the felony arrest.
Kirby Mays, 33, was arrested in the parking lot of the Sun Valley Inn following a pursuit by a Sun Valley police officer.
According to a probable-cause affidavit written by Sun Valley Police Officer Steven Whiting, Whiting was concluding a separate traffic stop on Fairway Road around 9:30 p.m. when the person he had stopped for a traffic violation mentioned the red vehicle that had just driven by looked to be driven by someone intoxicated. The woman allegedly told Whiting that she saw the vehicle drive to the far north end of the street, almost striking the snowbank before swerving back to the far south side of the street and almost striking the snowbank on that side.
Whiting continued east on Fairway Road in an attempt to locate the vehicle.
While still on Fairway Road, Whiting clocked a red BMW 328i going 44 mph in a 25-mph zone, driving toward him. Whiting turned on his emergency lights and allegedly saw the BMW’s brake lights go on, at which time he attempted to turn around to pursue the vehicle.
“I followed the vehicle at well over 80 MPH and the vehicle continued to pull away from me,” the affidavit states.
At the intersection of Dollar and Fairway roads, the BMW allegedly drove through the four-way stop. On Dollar Road, Whiting allegedly clocked the BMW driving 60 mph in a 25-mph zone. The vehicle then turned into the parking lot of the Sun Valley Inn, boxing itself in between two parked cars and the patrol vehicle behind it.
Whiting made contact with Mays and said he was under arrest for evading police, at which time he allegedly smelled the strong odor of alcohol and began to conduct field sobriety tests.
Ultimately, Mays gave a blood alcohol-concentration breath sample of 0.226, above the legal limit of .08.
According to the affidavit, the DUI was charged as a felony since Mays has been convicted of two misdemeanor DUIs in the past 10 years.
Under Idaho code, eluding a police officer is a felony when combined with driving over 30 mph above the speed limit or in a way that endangers people or property.
Mays is scheduled for a preliminary hearing on Feb. 28, at which time a judge must find sufficient evidence for the case to be bound over to District Court as a felony.