Friday, November 2, 2012

DUI 5th Affirmed. Post-Conviction Relief Denied

In a case that could have turned into a nightmare in Hohenwald defendant Michael Fischer was convicted of DUI 5th offense and sentenced to 3 years. Fischer drove toward a lady and her children on the highway crossing the fog line. The pedestrians had to back away from the approaching truck. Then Fischer drove into the county fair grounds just after a mud run had been completed. Muddy children were being hosed off by the fire department when Fischer decided to do donuts in the mud. Fischer used the SODDI (some other dude did it) defense. His 19 year old passenger claimed at trial to be the driver. The passenger admitted to some heavy drinking himself.
In an interesting twist Fischer also claimed his attorney at trial was incompetent and he would not have been convicted except for having an incompetent lawyer. You have to love a guy who takes personal responsibility for his actions so seriously. Fischer's claims all failed. The conviction was affirmed. Read about it at:
Court of Criminal Appeals Opinions | Tennessee Administrative Office of the Courts

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