Supreme Court Overturns Drugged Driving Case
DES MOINES, Iowa (AP) — The Iowa Supreme Court has reversed the conviction of a man charged in 2010 in Des Moines with driving under the influence of a drug saying there was not sufficient evidence for a jury to convict him.
The court says in a ruling Friday that since the man, Jeffrey Schories, had a prescription for methadone prosecutors had to prove that he was not using the drug in accordance with his doctor's instructions.
Since that didn't occur at his trial, a majority of justices dismissed the case against him.
However, three justices disagreed saying the court shouldn't override the jury's verdict.
In a dissenting opinion Justice Thomas Waterman says the court's ruling means expert testimony will be required in more cases involving charges of driving under the influence of drugs.
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