Monday, March 7, 2011

Splashing sobriety?

Whenever an Appellate decision begins with: "This case relates to a high-speed chase that ended with the Defendant jumping off a bridge", you know you are in for a treat. State v Mooneyham Jr. involved a DUI 4th offense felony and evading arrest felony for a multiple range offender who was driving with a revoked license. (Suprise, suprise, suprise.)

Mooneyham ended up with a 12 year prison sentence. Comically, the defense questioned the DUI evidence. Maybe, according to the defense, his disoriented condition and indications of impairment were caused by his "fall" from the bridge.

His decision to dive 25 feet off a bridge after deciding to drive over 100 mph might have been an indication of alcohol impaired judgement. The Court affirmed his conviction, found he was dangerous due to multiple prior DUI's and his conduct during these offenses and gave him consecutive maximum sentences.

http://www.tsc.state.tn.us/OPINIONS/TCCA/PDF/111/State%20of%20Tennessee%20v%20Terry%20Dwight%20Mooningham%20Jr.pdf

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