ONLINE UPDATE: Arrest warrant issued for Berger following failure to appear

by Sam Wilson
Thursday, January 23, 2014

Following a failure to appear in court Jan. 23 for a Dec. 6 possession of a Schedule II substance charge, New Hanover County Commissioner Brian Berger has been issued a warrant for his arrest.

Berger's attorney, Buddy Allard, said outside the courtroom he was unable to say whether Berger's absence would be excused, but if the court does not find the reason for his absence acceptable, Berger will have to pay a $25,000 secured bond to stay out of jail.

The charge stems from an incident that occurred Dec. 6, 2013 at 12:47 a.m., when police found Berger unconscious inside his car on Masonboro Loop Road. He was found with three Schedule II prescription drugs.

Allard said the possession charge is for one of those drugs, all of which he said were half-doses inside the same pill bottle, for which the county has probable cause that Berger did not have a legal prescription.

Allard said Berger had prescriptions for the other two drugs.

Once Berger resolves his failure to appear charge, a new hearing date will be scheduled for his possession charge. Allard said the district attorney's office is still awaiting lab results for the drug.

Berger's next court date is Jan. 29, when he will face a separate DWI charge from Dec. 18, 2012. His court date for his 2013 DWI charge is set for Feb. 20.


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