Norton man charged with fourth-offense drunken driving

Originally published for The Sun Chronicle on Dec. 5, 2016.

Twenty-two “nip” liquor bottles — seven completely empty and two others half-full — five empty beer cans and 10 others unopened: Those were items confiscated in the search of a vehicle taken into police custody after a Norton man was arrested Saturday night on a fourth-offense drunken driving charge.

Attleboro District Court Judge Thomas Barrett ordered the man held without bail Monday, pending a dangerousness hearing, saying the man’s repeated offenses — three within the past six months — presented a danger to society.

“If ever there was a drunken driving danger about — with his behavior — he’s one of them,” Barrett said.

Brian Kincaid, 54, of 51 Hill St. in Norton, was arrested Saturday after colliding with another car.

Court records said witnesses saw a 2009 Toyota Corolla operating “erratically” on Leonard Street in Norton just moments before the driver made a wide turn and hit another vehicle. The driver then pulled into the Dunkin’ Donuts parking lot at 246 East Main St. just after 5 p.m.

No one was injured in the crash.

When officers arrived on the scene, they found Kincaid in the driver seat of the car with a cellphone in his hand, the key still in the ignition and the car in drive, court records said.

Kincaid is known to Norton police because of his history with alcohol.

Officers alleged there was the odor of alcohol on the man’s breath and throughout his vehicle, and noticed a half-full nip bottle of Fireball Whiskey on the front seat.

When officers asked Kincaid to shut off the ignition and step out of the vehicle, the man allegedly refused, court records said, and had to be physically removed from the vehicle.

During the arrest, Kincaid allegedly became “combative” with officers and hit his head on the pavement during a struggle, resulting in a black eye and head lacerations.

Kincaid also refused an alcohol breath test, but officers alleged his eyes were glassy and bloodshot, and his speech was slurred, the records said.

The man was taken to Rhode Island Hospital in Providence for treatment of his injuries, and kept in custody over the weekend.

On Monday, a court-appointed lawyer asked Barrett to release the man on bail because of his strong ties to the community. Kincaid, the lawyer said, has lived in Massachusetts his whole life and is self-employed in various trades.

But Barrett pointed to an October drunken driving arrest in Falmouth, where Kincaid was subsequently released, as evidence that the he could not be trusted to stay sober on his own.

“He was arrested in Falmouth (for drunken driving) and they didn’t keep him, and now he did it again,” Barrett said.

Kincaid has been arrested for drunken driving three other times, in June 1984, June 2016 and October 2016.

In June, the man was arrested by Norton police but was released on probation with the understanding that he stay alcohol-free and partake in a 14 day inpatient alcohol program. When he did not appear before his probation officer on Oct. 7, the court issued a two-year suspension on his license and a warrant for his arrest.

Kincaid now faces charges including a fourth-offense operating a motor vehicle under the influence of alcohol, a marked lanes violation, driving under a suspended license, four counts of assault and battery on a police officer and resisting arrest.

Kincaid will return to Attleboro District Court on Friday for the dangerousness hearing, where he may be held without bail for up to 120 days while his case is readied for trial.

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