Judge upholds police reports against Colts Rhodes

INDIANAPOLIS – Affidavits by a police officer who arrested Indianapolis Colts running back Dominic Rhodes can be used in the drunken-driving case against him, a judge ruled Monday.\nRhodes’ attorney, Jim Voyles, argued during a hearing that there were inconsistencies between the affidavit the officer wrote soon after arresting Rhodes on Feb. 20 and a supplemental report filed later.\nMarion Superior Court Judge Barbara Collins turned down that motion but allowed Rhodes to keep his driver’s license pending future hearings.\nRhodes faces misdemeanor drunken driving charges after a state trooper reported pulling over his GMC truck about 3 a.m. for going 81 mph in a 55-mph zone of Interstate 65 on the northwest side of Indianapolis. Police said a test found his blood-alcohol level was 0.09 percent, just over Indiana’s legal limit to drive of 0.08 percent.\nRhodes did not speak with reporters as he entered and left the courtroom Monday. The judge set a March 28 pretrial hearing in the case.\nDavid Wyser, chief trial deputy for the Marion County prosecutor’s office, said he believed the material in both affidavits was admissible in court, as supplemental reports from police officers were common.\n“(Defendants) don’t like what’s in it because there’s more detail and that obviously hurts their case,” Wyser said.\nPenalties for Rhodes could range from no jail time to a year behind bars, prosecutors said. A conviction on a first-time offense typically results in probation, a fine and treatment.