County Commissioner Brian Berger’s DWI case has been continued to December as
the district attorney’s office looks for an outside judge to hear the case.
The trial will be
held on Tuesday, Dec. 10, just under a year since Berger’s arrest on Dec. 18,
Berger made his
fourth appearance for the DWI charge in New Hanover County Superior Court on
Wednesday, Sept. 11, represented by Attorney James “Buddy” Allard Jr., of
Hewlett, Collins and Allard LLP.
Ben David said on Wednesday that his office wants to try Berger’s case.
The blood alcohol
content results totaled 0.08, at the legal limit. There are blood samples still
located at the State Bureau of Investigation crime lab waiting to be tested for
prescriptions and other substances.
officer was reassigned to New Jersey, so the DA’s office is also trying to
bring him to Wilmington for the trial. David said he talked to prosecutors who
said they would have tried the case on Wednesday if possible.
challenges the DA's office faces are getting an outside judge and getting the SBI blood test
results back, David said. The SBI crime lab’s backlog and the need for a local
lab were discussed during a January local official caucus.
stopped at 2 a.m. Tuesday, Dec. 18, and charged with driving while impaired and
an unsafe movement violation at 200 Market St., by the Wilmington Police
Adam Schwartzel made the arrest. Berger was booked at the New Hanover County
Jail at about 6:45 a.m. and released with an $800 unsecured bond at about 7:45