PROVO — A man was arrested Wednesday after being released from jail last week despite a lengthy criminal history.

Robert J. VanDyke, 42, was charged Wednesday in 4th District Court with a third-degree felony of driving under the influence and driving on alcohol restrictions, a class B misdemeanor.

Judge Claudia Laycock also issued a warrant for VanDyke's arrest with $2,500 cash-only bail. He was picked up on the warrant Wednesday night.

VanDyke was arrested Sept. 25 and booked into the Utah County Jail for investigation of DUI but was let out of jail after two hours without having to post bail.

The arresting officer didn't look up VanDyke's record until after he had taken him to jail, and by that time it was too late, said Utah County Attorney Jeff Buhman.

It's policy that an arresting officer should indicate any criminal background on their report, which in VanDyke's case would have shown four previous misdemeanor convictions and two felony convictions.

That background would have allowed the officer, who Buhman asserts is a good officer, to book the Springville man on a felony.

Jail officials said they don't check people's criminal backgrounds but leave that up to the arresting officer.

On Jan. 28, 2000, in West Valley City, VanDyke collided with an SUV driven by Michelle Bradley, who was killed. Bradley's 12-year-old daughter later lost an eye as a result of the accident.

VanDyke pleaded guilty in 2001 to automobile homicide charge as well as a third-degree felony of driving under the influence and spent nearly five years in prison.

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