Lifetime Citizen Portal Access — AI Briefings, Alerts & Unlimited Follows
Court schedules evidentiary hearing on indigence and alleged false-DUI claims, grants OR bond pending hearing
Loading...
Summary
A defendant requested relief from court costs and challenged a DUI finding based on a medical condition; the judge declined immediate relief, set an evidentiary hearing in November, and issued an OR bond to keep the defendant out of custody until that hearing.
A defendant who said she had a medical condition that could explain a false positive alcohol reading asked the court to relieve court costs and interlock requirements; the judge declined to grant immediate relief and set an evidentiary hearing in November, while placing the defendant on an OR bond pending that hearing. The defendant, identified in the transcript as Sydney Danielle Trice, filed a pleading asserting that gut fermentation disease (auto-brewery syndrome) could have caused a false alcohol reading and said she had body-worn camera footage and medical records. The judge responded that if the allegations were false, relief would not be appropriate and said an evidentiary hearing would be required. The judge set the hearing for November at 1:30 p.m. and issued an OR bond so the defendant would not be taken into custody before that date. Why it matters: the court declined to overturn or reduce costs without a hearing to evaluate the medical and factual claims. An evidentiary hearing could lead to a change in financial or case obligations if the defendant proves the alleged medical explanation or other factual errors. Details: the judge told the defendant: "if she's making false allegations, then I'm not inclined to grant any release to her from the the court cost... So we'll need to set up for an evidentiary hearing." The judge also said the defendant would be allowed to remain out on an OR bond and be back in court for the November hearing. The court noted it could not conduct the evidentiary hearing until the court's next term in November. Discussion versus action: the judge denied immediate relief and set a future evidentiary hearing; the court also arranged an OR bond as a temporary procedural measure. The transcript indicates the judge will revisit the matter at the scheduled hearing and that a violation-of-probation would be set in the interim for unpaid fines, though the defendant was not to be taken into custody before the hearing.
