ROANOKE (WSLS) - A Roanoke County woman, Tracie Dowell Nininger, was arrested Tuesday and charged with driving while intoxicated. Nininger has a prior conviction and served prison time for the alcohol related manslaughter of a construction worker in 2008.
TRACIE NININGER SENTENCED TO 2 1/2 YEARS
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Roanoke court records show Nininger, 48, had a blood alcohol content of .25, more than three times Virginia's legal limit of .08.
Her arrest warrant shows an officer was dispatched to a reckless call on a red BMW around Brambleton Avenue, SW at 5:40 p.m. Tuesday. The officer reports observing the vehicle cross the double yellow line and almost hit another vehicle head on, it said. The officer stopped the vehicle at Brambleton and Ross Road.
The officer stated Nininger had a strong odor of an alcohol beverage coming from her and fell getting out of her vehicle. The officer conducted a field sobriety test and "could not finish due to her safety, uneasy on her feet."
Nininger was one of two people found guilty of involuntary manslaughter and DUI in 2008 after killing construction worker Richard Slone after an accident on Route 419. In February 2009, both were given a two-and-a-half-year prison sentence. Roanoke County court records show Nininger was placed on 7 years probation which includes drug and alcohol abstinence.
Patrick Kenney, a defense attorney with no connection to Nininger's cases, said any Virginia driver convicted of DUI will automatically have their license revoked and have to participate in the Virginia Alcohol Safety Action Program (VASAP).
"VASAP talks about the dangers of drug and alcohol abuse and drinking and driving or operating a vehicle under the influence of any kind of intoxicant" said Patrick Kenney. "Each person convicted of a DUI first offense who petition the court has to take that course."
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ccording to court documents, Nininger's license was suspended indefinitely following her 2009 conviction. However, in November of 2013 her license was fully restored after she petitioned for restoration.
Nininger is being held without bail. Court records show her next court appearance is October 29, 2014.