New information in Tucker DWI case

HENRICO, VA (WWBT) – A trial date is set for a retired Henrico police officer who's accused of driving drunk and hitting a construction worker. John Tucker the third appeared in court Thursday morning for a hearing. During the proceeding, his attorneys argued what should and should not be allowed as evidence during the trial.

Tucker is charged with driving while intoxicated. He's also accused of hitting a man while driving drunk. During his hearing, new details emerged about what possibly happened the night of July 1st 2010.

Court records show that Tucker was at the Capital Ale House in Innsbrook. He'd been drinking a Long Island ice tea. According to statements by employees at the bar - Tucker was displaying "obnoxious antics."

Another employee implied that Tucker had been drinking prior to arriving at the bar.

At some point the bartender refused to serve Tucker additional alcohol -- Tucker allegedly took out his expired police badge and said, "I don't care - let him call the cops. They're not gonna do anything to me. I was a cop for over 20 years."

Tucker left the bar. Police say he got behind the wheel and ended up hitting and seriously injuring Robert Harrison, a construction worker who was repaving 295 for VDOT.

Today the judge agreed to allow testimony from the employees at the bar.

The judge also gave prosecutors the green light to include expert testimony from a toxicologist. Specifically, a formula used to determine Tucker's blood alcohol level at the time of the accident.

That formula puts Tucker's blood alcohol level somewhere between .16 and .24 -- well beyond the legal limit.

Tucker's trial is set for June 8th.

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