Published: November 09, 2009 10:13 pm      

New Albany councilwoman says ‘I’m innocent’

Diane McCartin-Benedetti arrested for DUI

New Albany City Councilwoman Diane McCartin-Benedetti didn’t have much to say Monday following her weekend arrest for operating while intoxicated by refusal. However, she said her story will be told at a later date.

“I’m innocent and the facts will be forthcoming,” McCartin-Benedetti told The Tribune.

She declined to answer any questions or offer further explanation at this time.

McCartin-Benedetti, who represents New Albany’s fifth district, was pulled over by an Indiana State Police trooper at 2:30 a.m. Saturday on Spring Street in New Albany for exceeding the speed limit, ISP Sgt. Jerry Goodin said.

Goodin said the councilwoman was taken to the Floyd County Jail without incident.

McCartin-Benedetti was released on recognizance from jail at 10:44 a.m. on Saturday by Floyd County Superior Court No. 2 Judge Glenn Hancock.

Goodin said being charged with OWI by refusal could indicate that McCartin-Benedetti refused a breathalyzer, but Goodin said he did not have enough information about the case to confirm that.

The majority of people arrested for OWI either have to bond out or go before the judge. Two of the 11 people arrested for OWI over the weekend were released by Hancock. The judge said he usually receives two or three calls each weekend requesting to have someone charged with OWI released from jail.

“It’s no different on this (case) than any other one,” Hancock said. “If it’s someone I have some knowledge of or if an attorney has entered on the case, they’re released after their burn-off period.”

Hancock said that when contacted about an inmate, he calls the jail to find out the circumstances of the arrest. If someone is arrested for refusal, they must take a portable breathalyzer test at the jail before being released, Hancock said.

Council President Dan Coffey said he does not condone McCartin-Benedetti’s action, but he does not expect the council will take any action against her because it has no policing authority.

“I hate to see anybody in a difficult situation, but the bottom line is we all make mistakes,” Coffey said. “Sometimes it actually ends up making us a better person.”

Coffey said McCartin-Benedetti’s arrest underscores a growing problem in New Albany.

“If you look at all the development downtown, it’s all been alcohol establishments,” Coffey said. “Downtown is just saturated with them.”

McCartin-Benedetti is scheduled for an initial hearing next Monday. A court clerk said charges usually are not filed until a day or two before the initial hearing.