ELKINS - A felony charge of third offense driving on a license revoked for DUI was dismissed without prejudice Monday in Randolph County Magistrate Court.
Gary Eugene Kidd, 46, of Elkins, was arrested June 5 after police responded to a call of a suspicious vehicle at the Valley Point Plaza.
According to the criminal complaint, Deputy R.H. Pitcher of the Randolph County Sheriff's Office responded to the K-Mart parking lot after a Randolph County dispatcher described the vehicle in the lot as a "tan in color Caravan with a West Virginia tag."
Pitcher saw the vehicle and recognized the driver to be Kidd, who he knew from prior encounters, according to the complaint.
Pitcher requested a license check on Kidd, showing his license was revoked for DUI. The vehicle was observed leaving the parking lot and turning onto U.S. Route 219/250 and "a lawful traffic stop was conducted on the listed vehicle, with Kidd as the driver, at the Beverly Family History Library," according to the complaint.
At that time Kidd was placed under arrest for third offense driving revoked for DUI, stemming from two previous convictions for driving revoked for DUI in July of 2011 and Feb. of 2013, the complaint stated.
During a search of the vehicle Pitcher located "in plain view a white pill marked M366 was located on the front driver seat," and the "pill was identified as Acetaminophen and Hydrocodone 325 mg/7.5 mg, a CSA schedule 3 drug which was not prescribed to Kidd," according to the complaint.
The felony charge was dismissed without prejudice, meaning it can be brought up again by the state.