Man was charged with DWI as a felony.

A Phelps man was charged with felony driving while intoxicated after deputies said he nearly hit a patrol vehicle. According to the Wayne County Sheriff’s Office, James W. Walburn III, 26, was eastbound on Route 31 when he turned north on Whitbeck Road directly in front of a patrol vehicle, nearly causing a collision.

Walburn was subsequently charged with DWI as a felony. According to deputies, Walburn had a blood alcohol content of .16 percent (twice the legal limit). He was also ticketed with failure to yield the right of way, failure to keep right and no turn signal.

Walburn was released on tickets by the Arcadia Town Judge. He is scheduled to reappear at a later date in the Arcadia Town Court to answer the charges.