Local Licensing Authority Minutes 2001 02 26

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Louisville Local Licensing Authority Meeting Date: February 26, 2001 6 Meager the alcohol. Chairperson Myers asked Attorney Rennich to make his opening statement. Attorney Rennich waived an opening statement. Chairperson Myers asked Attorney Shapiro to present his evidence. Attorney Shapiro called Officer Joshua Sundberg of the Louisville Police Department. Deputy City Clerk Bolte administered the oath. Officer Sundberg stated he has been with the Louisville Police Department for two years and had received certification in alcohol recognition and roadside sobriety maneuvers upon completion of a two- day course conducted by the Boulder County SherifPs Department. Shapiro asked Sundberg if he ',vas on duty the night of December 1, 2000. Sundberg stated that he was on duty and was patrolling the 600 block of South Boulder Road around 10:30 p.m., when he noticed a vehicle parked two to three feet off the curb in a fire lane of the shopping center. Officer Sundberg stated that he pulled up behind the car and turned on his lights. Sundberg stated that the vehicle ~vas unoccupied and that he thought it could have belonged to someone in the laundry mat. Sundberg stated that people often pull up in front of the laundry mat to load and unload. After questioning the two patrons of the laundry mat, it was determined that the vehicle did not belong to either of them. Officer Sundberg stated he then observed a man, later identified as Pearse Patrick Meagher, exit Bungalow Wine & Spirits ~vith a bag in his hand. Sundberg stated that as the man approached him, he was stumbling and when he stepped off the curb, he almost fell down. Sundberg stated that when the man got close to him, he observed that his eyes were watery and bloodshot. Attorney Shapiro asked him to clarify what he meant by stumbling. Officer Sundberg stated that he appeared to be off balance. Attorney Shapiro asked Sundberg how close he was to the man. Sundberg stated that the man walked up to him and was within speaking distance. Shapiro asked Sundberg if he recalled any other observations. Officer Sundberg stated that he asked Mr. Meagher if he had been drinking that night and that when Mr. Meagher responded, he could smell alcohol on his breath and his speech was slurred. Sundberg stated that Mr. Meagher told him he had a lot to drink that night. Shapiro asked Officer Sundberg if he had asked Mr. Meagher how he got to Bungalow Wine & Spirits that evening. Sundberg stated he had asked, and that Mr. Meagher told him that Tom had driven him to the store, although there xvas no one else around. Sundberg stated that Mr. Meagher could not tell him Tom's last name or xvhere Tom lived. Shapiro asked Sundberg who had the keys to the car parked in the fire lane. Sundberg stated that Mr. Meagher had the keys to the car. Attorney Shapiro asked Officer Sundberg what conclusion he made after his contact with Mr. Meagher. Sundberg stated that he determined Mr. Meagher was visibly intoxicated based on his stumbling and lack of balance, his watery bloodshot eyes, the smell of alcohol on his breath and his slurred speech. Shapiro asked Sundberg if a police report was written describing the details of the incident. Sundberg stated he did write a report and confirmed that the Exhibit "A," shown to him by Attorney Shapiro, was the report he filed. \\ FREDX, VARIL~N~ LIQUOR~200 IXlM1N UTES~MIN UTES022601-DOC 6