South Portland woman sentenced, fined in OUI, double assault case

By Diana Bowley, BDN Staff
Posted Nov. 04, 2008, at 10:40 p.m.

DOVER-FOXCROFT, Maine — A South Portland woman, who assaulted a motorist who had stopped to check on her and a Greenville police officer who responded to the motorist’s call on Oct. 23, was sentenced Monday in Piscataquis County Superior Court.

Lynne Mulkern, 40, pleaded no contest to driving to endanger, operating a motor vehicle while under the influence of intoxicants and two counts of assault. She was sentenced to 48 hours in jail and a $1,000 fine for the OUI, a $300 fine for each assault and $575 for driving to endanger. Her license was suspended for 90 days.

The Beaver Cove motorist told police he had pulled over on Lily Bay Road on Oct. 23 to allow a vehicle traveling at a high rate of speed to pass. He said he followed the vehicle, got the license number and witnessed the driver nearly collide head-on with another vehicle. Since he was unable to get a signal on his cell telephone to call police, he followed the vehicle until it made a sudden turn by a former store and came to a stop, according to police reports.

When the man drove his vehicle up next to the stopped vehicle, a woman got out, he told police. The man said he put his window down and asked the woman, who was crying, if she was OK. She replied she was but she had to urinate. She then walked at an unsteady gait toward the front of her vehicle, pulled down her pants and urinated, he said.

Aware that the woman was very intoxicated, noting her slurred words and unsteady gait, the motorist told police he got out of his vehicle, shut off the ignition to her vehicle, removed the key and called 911 since he now had a signal. As he made contact with police, the woman started throwing things at him and hit him in the right temple, he reported. The man said he got back into his vehicle and drove about 1,500 feet away to wait for police.

When police arrived, the woman had left the vehicle but was later found during a search on the shore of Moosehead Lake. Police found two empty bottles of ice tea with alcohol in Mulkern’s vehicle. A license plate check alerted police she had two recent charges of driving to endanger.

Mulkern denied she was drunk, according to Greenville Police Chief Scott MacMaster’s report. She told MacMaster he should find the man who had assaulted her. She said she had stopped to urinate and a man approached her and tried to have sex with her. She said the man, whom she could not describe, had ripped her shirt open.

When told she was going to be given a sobriety test, Mulkern attempted to walk away, according to the police report. MacMaster said she balled her hand into a fist but he grabbed her wrist before she could hit him. When he did that, she lashed out with her other hand and struck the officer in the arm just above his wrist.

Mulkern was taken to the Inland Fisheries and Wildlife headquarters in Greenville where an Intoxilyzer test was given. Her blood-alcohol level was 0.21, more than twice the legal limit.

dianabdn@verizon.net

876-4579

http://bangordailynews.com/2008/11/04/news/south-portland-woman-sentenced-fined-in-oui-double-assault-case/ printed on July 24, 2014