A Colorado man is facing multiple misdemeanor charges after a Marion County traffic stop Saturday night revealed alcohol, marijuana and two handguns in his vehicle.
Dale Fortner, 63, of Red Feather, Colorado, has been charged with Operating While Under the Influence – 1st Offense, a serious misdemeanor, Possession of Controlled Substance – Marijuana 1st Offense, a serious misdemeanor, Possession or Carrying of Dangerous Weapons While Under the Influence, a serious misdemeanor, and Possession of Drug Paraphernalia, a simple misdemeanor. He also faces scheduled violations for Open Container and Driving on the Wrong Side of a Two-Way Highway.
According to court documents, Marion County Dispatch received a report of a reckless driver heading southbound on Highway 5 at approximately 7:40 p.m. on Saturday, October 24th. The caller reported the vehicle was all over the roadway, tailgating and not letting the caller pass. An officer located the vehicle and observed it driving in the middle of the roadway and into the wrong lane of travel in the 1400 block of 110th Avenue outside of Knoxville before conducting a traffic stop.
Court documents state Fortner had bloodshot, watery eyes, slurred speech, and the odor of consumed alcohol emitting from his person. The odor of raw marijuana was also coming from his vehicle. Fortner admitted to drinking that evening and advised that there were firearms in the vehicle.
Fortner submitted to field sobriety testing, showing six clues on the horizontal gaze nystagmus test and two clues on the walk and turn test before refusing to continue, court documents state. He submitted to a preliminary breath test that showed a blood alcohol content over .08. He was placed under arrest.
A search of the vehicle located multiple glass and metal pipes with burnt green plant material, as well as three containers of a green leafy substance consistent with marijuana, totaling 24.3 grams. Two handguns were found in the backseat, and a partially empty, still-cold open container of beer was also located in the vehicle, according to court documents. Fortner was read the implied consent advisory and a breath sample was requested for chemical testing, which he refused.
Fortner is being held on $3,900 cash or surety bond — $3,000 for the serious misdemeanors and $300 each for the simple misdemeanor and scheduled violations. A preliminary hearing is scheduled for November 3rd.
