PITTSFIELD -- A 47-year-old city woman facing her fourth drunken or drugged driving charge is being held without bail after a judge determined she violated her house arrest by leaving the county.

Prosecutors allege Timi Marley, who has been under house arrest since early May, was supposed to be attending a therapy session on Wednesday, but instead went to Holyoke with her boyfriend for his medical appointment.

Marley was arrested by the Pittsfield Police on April 29 and charged with operating under the influence of drugs or alcohol after allegedly trying to buy a chai tea at a Dunkin Donuts’ drive-thru with a handful of pills. Police determined she was under the influence of "central nervous system depressants and narcotic analgesics."

On Friday in Central Berkshire District Court, Marley -- against the advice of her lawyer -- admitted that while under house arrest she went swimming and met her mother for lunch, among other activities.

Judge Fredric D. Rutberg told her she was in a hole and digging herself deeper.

At a dangerousness hearing in May, Rutberg ordered Marley to be outfitted with a GPS tracker and to be put under house arrest with conditions that she remain there except for medical emergencies and court appointments.

Attorney David Pixley told the court on Friday that his client believed her probation officer had given her "a window of opportunity" on Wednesdays to do what she wanted.


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According to the probation department, Marley was supposed to be attending therapy sessions and then returning home.

Judge Fredric D. Rutberg ordered Marley held at the Berkshire County Jail & House of Correction for 90 days without the right to bail.

Marley is scheduled to go to trial in October on single counts of fourth offense driving under the influence of alcohol or drugs and driving with a suspended license. She has pleaded not guilty to those charges.

According to court records, she has previously been convicted of driving under the influence of either drugs or alcohol in February 1989, August 1997, and February 2006.

To reach Andrew Amelinckx:
aamelinckx@berkshireeagle.com,
or (413) 496-6249.
On Twitter: @BE_TheAmelinckx