DUI Case Against Scott Walker Dismissed Due to Technicalities

DUI Case Against Scott Walker Dismissed Due to Technicalities

10/2/2010

Mississippi – DUI charges against Scott Walker were dismissed by Jackson County Judge Cecil Byrd due to a technicality. It was all done even before the defense was able to present its case. His lawyers said that he is well-known in Ocean Springs and if he is tried in the same location, he would not be receiving a fair trial.

Scott Walker, a businessman and former contender of incumbent Mayor Connie Moran, was arrested in April by Ocean Springs police after he was not able to pass a variety of sobriety tests at the scene. He also declined to blow into the breath analysis device at the time that they found him in his Chevy Tahoe that was smashed into a mailbox, with the car engine still running. The officers testified that Walker was already too intoxicated to be driving.

Walker’s attorneys maintained that Walker had been awake for 72 hours and was merely exhausted.

When County Prosecutor Mark Watts rested the case of the state, the defense attorney, Keith Miller, immediately asked Judge Byrd to dismiss the case because there was a failure on the part of Ocean Springs Deputy Clerk Renee Rosscup to put her title on the citation for DUI.

Watts used a 2006 opinion of a state attorney general which said that a deputy clerk or a clerk must put his title on the citation and paperwork. Miller showed the ticket that was issued to Walker, which bore the signature of Rosscup, but without her title.

Miller protested saying that the citation was already a sworn document and that the defense anchored their argument on a mere opinion. However, despite his protest, the Judge dismissed the DUI charges.

WRITTEN BY:

blakeh@wellsdrew.com