SALEM – A Superior Court judge has determined that there are no conditions of release “that will reasonably protect the safety of other motorists and pedestrians” for a Peabody man awaiting trial on his fifth drunken driving case.Michael J. Rinker, 30, of 30 Keyes Drive was deemed too dangerous to be released on any conditions and remains held at the Middleton Jail without bail pending trial.Judge John T. Lu made his ruling Wednesday morning in Salem Superior Court following a dangerousness hearing in which Assistant District Attorney Jennifer Kirshenbaum cited his past criminal record of four operating under the influence charges in New Hampshire, the most recent in 2005.Defense lawyer Alice Jayne tried to convince Lu that her client could be released on a program and wear monitoring bracelet to ensure the safety of the public and she had “every faith he would comply with all conditions set.”Rinker stands charged with operating a motor vehicle while under the influence of alcohol, a fifth offense, as well as operating a motor vehicle without a license, allegations he has denied.The charges arise from an incident in Peabody on the morning of March 25 when Rinker apparently got into a verbal altercation with his former co-worker at the Jiffy Lube on Route 114, Andover Street.State Trooper Sean McGarry was approached by the manager, who told him of the verbal confrontation and asked for his assistance.As McGarry went towards Rinker, Rinker got into a 1999 white Cadillac sedan and quickly drove away, squeaking his tires and erratically exiting onto Route 114.The trooper ran the license plate of the vehicle and discovered Rinker had an outstanding warrant from Woburn District Court for unlicensed operation.McGarry then discovered through his investigative work that Rinker was driving on a suspended license and had four prior drunken driving convictions in New Hampshire.He then went to his apartment complex on Keyes Drive and found the vehicle parked in a handicapped parking space.While speaking to Rinker at the apartment complex, he observed a very strong odor of alcohol. He also failed several sobriety tests administered by the trooper before being placed under arrest.In handing down his decision, Lu pointed out Rinker’s past criminal history including a conviction for drunken driving out of Laconia Superior Court.”He has a long motor vehicle record. Mr. Rinker must be detained without bail,” Lu said firmly.Rinker is due back in court for a pretrial conference on Aug. 25.
