DUI Lawmaker’s Conviction Overturned
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Maryland Delegate Herman Taylor II was recently acquitted for his past DUI conviction. This reversed the prior conviction in which he was found guilty of drinking and driving. He was fined Taylor was found guilty and fined $250.
Taylor was found in the parking lot of a 7-Eleven convenient store passed out in his Cadillac SUV in the around 3:30 am.
The arresting police officer, Peter Johnson said he smelled alcohol on Taylor’s breath when he found him passed out in his vehicle. He seemed disoriented and confused.
He also failed several sobriety checks and after he failed to walk on the white line without stumbling, Taylor refused to take any additional tests. Johnson then arrested him.
He did not cooperate at the station either according to police testimony and when he blew into the breathalyzer he pretended to blow but did not release any air, making the test invalid
The officers’ recorded the episode as a refusal to give a sample.
With the new trial, Taylor claimed he pulled over at the 7-Eleven to catch some rest as he was very tired. He saw police in the parking lot of the establishment and thought he would be safe.
He stuck by his decision to pull off the road stating it was the right choice
In this appeal trial, four jurors who were interviewed stated the prosecution did not prove the Delegate was passed out in his vehicle due to being under the influence. They did not have any hard evidence to support their case more than he was just exhausted.
Taylor’s attorney stated that his client was merely sleeping in his Cadillac. He was exhausted and pulled over into the 7-Eleven.
The prosecution in their rebuttal claimed that Taylor was unwilling to cooperate when police asked him to take the breathalyzer and that he smelled like alcohol when he was arrested.
According to the jury this was not enough to convince them that Taylor was drunk when he was in his vehicle and did not feel this was enough for a DUI conviction.
Taylor is known for his campaign to have special license plates for people who were convicted of drinking and driving under the influence to identify them as DUI offenders.