Still Must Serve 30 Days : No Drunk-Driving Count Lodged on Actor Vincent

Ventura County prosecutors have decided not to file a drunk-driving charge against actor Jan-Michael Vincent, although he must still serve a 30-day jail sentence for a probation violation because he failed to pass a sobriety test at the time of his arrest.

Deputy Dist. Atty. Robert J. Irmas said the 41-year-old star of the CBS television series “Airwolf” was not driving in a reckless or careless manner when a Ventura County sheriff’s deputy stopped him May 15. The deputy, patrolling the Simi-Moorpark area at the time, had noticed that there was no front license plate on Vincent’s car.

“I just didn’t think we could make a case against him,” Irmas said. “It wasn’t because he was Jan-Michael Vincent. I used the same criteria I used in rejecting any number of cases.”

Vincent was found to have a blood-alcohol level of 0.08% after his arrest, less than the limit of 0.10%, which under state law is considered proof that an individual is driving under the influence of alcohol, Irmas said.

Although a person can be prosecuted for driving under the influence when the blood-alcohol level is below the limit, Irmas said, it must be proven in court that the individual’s driving was impaired.

“We have no driving pattern” indicating that Vincent was affected by the alcohol, Irmas said.

The blood-alcohol level, however, was sufficient proof that Vincent violated terms of his probation. A December, 1983, drunk-driving conviction included a probation stipulation that Vincent not drink alcohol six hours before driving a car, according to Los Angeles County Prosecutor Burton J. Schneirow.

Malibu Municipal Court Commissioner Richard L. Brand last month sentenced Vincent to 30 days in jail for the probation violation. The actor was given until June 25 to decide where he wants to serve his sentence, an option Schneirow said is available to all persons convicted of nonviolent crimes.

Vincent also faces a July 28 trial date in Santa Monica Superior Court, where he is charged with one count of felony battery. He punched Chenoa Lee Ellis, 34, in the face at his Malibu home on Sept. 6, according to Deputy Dist. Atty. Lisa Hart.

Vincent remains free on $1,500 bail.