Woburn man pleads not guilty to 5th DUI in Marblehead

SALEM – Bail for a man charged with driving drunk for his fifth time in Marblehead remains at $5,000, after pleading not guilty.In Salem Superior Court Tuesday morning, Robert Kirwin, 44, of 33 Park Drive, Woburn, entered his not guilty plea to operating a motor vehicle with a blood alcohol level of .08, or greater, fifth offense, operating a motor vehicle while under the influence of alcohol, fifth offense, resisting arrest, malicious destruction of property and two counts of assault and battery on a police officer.As jointly recommended by the prosecutor and defense, Judge Howard J. Whitehead set his bail at $5,000 and continued the case to Jan. 17 for a pretrial conference.In the meantime, Kirwin, who faces up to five years in prison on the drunk driving charge, remains free pending the outcome of his case.Assistant District Attorney John B. Brennan said the charges stem from an incident in Marblehead three years ago when he allegedly crashed his pickup truck and then scuffled with Marblehead police.According to reports, it was in the early morning hours on Oct. 31, 2004 when Kirwin struck a pole at Beacon Street and Bradley Avenue while driving a pickup truck.When police showed up, Kirwin apparently became combative, punching and kicking the officers as they tried to arrest him for drunk driving.He also broke a mirror and light on the police cruiser during his arrest.His blood alcohol level was .23, nearly three times the legal limit of .08, reports say.Kirwin has four prior convictions dating back to 1982 out of Amesbury District Court.