D.C. Police Cite Barry After 'Fender Bender'

Marion Barry speaks to reporters outside the courthouse. In March, Barry was sentenced to three years supervised probation for failure to pay federal and D.C. income taxes. Behind him is son Christopher Barry. (By Linda Davidson -- The Washington Post)

D.C. police cited D.C. Council member Marion Barry for a traffic violation after a minor accident early yesterday in Southeast Washington, police said.

Officers at the accident scene raised questions about Barry's sobriety, checking a box on a police report that said he appeared to be impaired. Barry (D-Ward 8) passed a breath test, however, after he was taken to the 1st District police station. He was permitted to drive home within an hour or two of the crash.

The 70-year-old former mayor was cited for failing to yield the right of way, an offense punishable by a $50 fine. He plans to contest the citation, his chief of staff said.

The crash took place at 12:10 a.m., when Barry pulled his 1990 Mercedes out of a parking space and into the path of an approaching sport-utility vehicle, police said. No one was hurt in the accident, which occurred in the 1000 block of First Street SE, near the construction site for the new Washington Nationals baseball stadium.

Barry could not be located for comment yesterday. E. Faye Williams, his chief of staff, issued a statement confirming that he was in a "minor fender bender" and that he was given a sobriety test "which indicated he was not impaired."

Barry registered a blood alcohol reading of 0.01 percent on the breath test, Williams said in an interview -- below the legal standard for intoxication, 0.08.

Sgt. Joe Gentile, a D.C. police spokesman, said people suspected of drunken driving can be given breath tests at the scene or at a police station. He would not specify whether any tests were given to Barry, citing privacy concerns.

"He was brought to the station, and we investigated the matter further, to see if he was intoxicated," Gentile said. "There was no evidence of intoxication."

Gentile said that Barry "was treated like any other citizen."

Because his failure to yield caused a collision, Gentile said, Barry could be assessed up to three points on his driving record or ordered to attend traffic school.

Barry's car hit another parked vehicle after it was struck by the SUV, a Jeep Cherokee. The driver of the Cherokee, a 24-year-old Silver Spring woman, was not cited. The three vehicles involved in the accident had minor damage, police said.

A camera crew from WRC (Channel 4) arrived at the accident scene in time to interview Barry, who was dressed in a gray business suit, white shirt and yellow tie. He told the news crew he was coming from meeting a friend.

His car was parked about 50 feet south of where First and K streets intersect, police said.

Barry is on probation after pleading guilty in U.S. District Court to misdemeanor charges for failing to file federal and local income tax returns. He tested positive for marijuana and cocaine use in a court-required screening in November, soon after his guilty plea, and then underwent drug treatment. At his sentencing in the tax case, Barry spoke at length about his battle with drug and alcohol addiction. He told the judge that he was trying to avoid contact with people who use drugs or alcohol.