Monday, July 19, 2010

Two DUI Decisions

I am back from vacation and have caught up on my reading. There have been two new DUI decisions of note in the last week. In State v West, a Putnam County case, the defendant had lortab and hydrocodone in her system. TBI Special Agent Dawn Swiney testified that the drugs /could cause a synergestic effect causing impairment. The defense objected to her testimony, but the CCA affirmed. Kudos to Prosecutor Marty Savage. Read the case at:

In State v Eatherly, the driver pled to vehicular assault and reckless agg assault and wanted judicial diversion or at least a suspended sentence. The Court believed the defendant was eligible for consideration of judicial diversion, but did not grant it. The driver was going over 100 mph on I-40 with a .22 BAC. The Court agreed with Prosecutor, Rebecca Schwartz, that the driver would recieve a sentence if convicted for DUI. It made no sense to give diversion for the more serious crime of vehicular assault. Read the decision at:

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