Warren County Prosecutor David Fornshell said Earnhart already had five prior OVI convictions in the past 10 years and a possible sixth conviction would elevate the charge to a felony.
Fornshell said Earnhart allegedly called a friend to pick him up from his car on U.S. 42 near Ginntown. Earnhart also allegedly called police to report that his vehicle had been stolen, Fornshell said.
Earnhart allegedly told his friend to pick him on U.S. 42 just past where the police cars were when his car was “found,” Fornshell said.
He said the Ohio Highway Patrol troopers investigating the stolen car, which had also been damaged, became suspicious.
Troopers located Earnhart to be brought to where his vehicle was, Fornshell said.
He said Earnhart allegedly appeared have been drinking and said that he had been asleep when troopers came to get him.
Fornshell said Earnhart allegedly had pieces of broken windshield in his hair and had dried blood on his person. Earnhart was also allegedly wearing muddy boots and pants and also refused to be tested for driving under the influence. Troopers also allegedly found empty vodka bottles in the vehicle, Fornshell said.
Earnhart was not in custody as of late Monday.
About the Author