Sheriff Tim Howard is announcing the late morning arrest of a Town of Brant man for Felony DWI charges and Unauthorized Use of a Motor Vehicle following his one car, property damage only, rollover accident in the Town of North Collins.
Erie County Sheriff's Deputies Brendan Connolly and Gary Mosier responded to Seneca Rd. near Mile Block Rd. in the Town of North Collins about 9:08am this morning for a reported one car rollover accident.
Upon arrival, Deputies located the driver, 29 y/o James R. Nelms of Orchard Meadows Dr. Town of Brant, near the overturned vehicle, unharmed. Nelms was the only occupant of the vehicle. Upon further interview, it was determined that Nelms was intoxicated. Nelms also had a revoked driving privilege. Nelms had a prior DWI conviction and his license revocation was also from his DWI conviction.
Nelms was arrested and charged with Felony DWI, Felony Aggravated Unlicensed Operation of a Motor Vehicle, Circumventing an Interlock Device, and Failure to Keep Right.
Further investigation found that Nelms had taken the vehicle belonging to his grandmother without her permission and was additionally charged with Unauthorized Use of a Motor Vehicle in the third degree.
Nelms refused a chemical breath test.
Nelms was taken to the Erie County Holding Center and held pending his arraignment in the Town of North Collins Court.