AUSTINTOWN, Ohio (WKBN) — A Fountain Square man already on probation for operating a motor vehicle while under the influence of alcohol was cited Saturday morning for his second OVI offense this year.

Nicholas Bortmas, 29, pleaded not guilty at his arraignment Monday in Mahoning County Area Court in Austintown to charges of OVI and resisting arrest. He remains free on bond pending a Jan. 10 pretrial hearing before Judge Scott Hunter.

Bortmas received his citations about 12:40 a.m. Saturday after township police were called to an accident where a car hit a utility pole at Oakwood Avenue and North Meridan Road.

As police were arriving reports said officers heard a loud crash and then noticed a car Bortmas was driving go slowly past the car that hit the utility pole. Officers then stopped that car, which reports said had “significant” damage on the passenger’s side of the car.

Reports said Bortmas smelled of alcohol and his eyes appeared to be glassy. There were also several open beer cans in the car and when he stepped out he had to use the door to help support himself. Reports said he admitted to drinking and he refused to do a field sobriety test so police tried to place him under arrest.

Bortmas refused to place his hands behind his back and resisted any efforts to be handcuffed so was taken to the ground, where he was handcuffed, reports said.

At the police station he refused to take a breath test, reports said. He was released to his wife.

Court records show Bortmas pleaded guilty in July to an OVI he received April 24 by Canfield police. He was sentenced to 90 days in jail with 87 days suspended and given six months non reporting probation. The sentence was to begin Aug. 5, according to court records.

On Aug. 27, Bortmas pleaded guilty in county court in Canfield to driving under an OVI suspension for a citation he received June 22 from Canfield police. He was sentenced to 180 days in jail with 177 days suspended and given 12 months of reporting probation.

Court records for his current OVI show this is his third OVI offense.