Charges were bound to the Grand Jury on Wednesday against 47-year-old Robert Hayes in a case in which he said he and his wife decided to stop for "marital bliss" under a Chattanooga freeway and got stuck on railroad tracks.
General Sessions Court Judge David Bales bound cases of DUI, failure to maintain lane and failure to exercise due care against Hayes to the Grand Jury.
He remains free on the same bond.
Officer Brian Blumenberg said he and other officers responded to the dispatcher's call about a Ford Explorer being stuck on tracks at Power Corporation Drive. The site is near a U.S. 27 construction area near Manning Street and Manufacturers Road in North Chattanooga.
The officer said he did not see the Explorer being driven, but he interviewed Hayes. He said he told him that he and his wife were headed to Soddy Daisy when, after sharing a bottle of wine, they decided to find a place to stop. He said he drove out on the tracks, then got stuck.
Officer Blumenberg said Hayes had bloodshot eyes and slurred speech. He said he failed several field sobriety tests. His blood alcohol level was registered at .10, which is above the drunk level.
Attorney Chris Jones argued that the officer did not actually see Hayes driving on the track and said he did not give him his Miranda rights when he was questioned.
Judge Bales said the couple should have been thankful that the officers rescued them from the tracks, saying, "We have had some tragedies on railroad tracks here recently."
On the charge of failure to maintain lane, the judge said, "I guess he made it a lover's lane."