WSLS 10 News, from Roanoke, VA, has reported that a former deputy has been convicted of DUI, and other charges, though he claimed that the reason the incident occurred was because he was suffering with Post-Traumatic Stress Disorder (PTSD).
J.H., previously an investigator with the Bedford County Sheriff's Office, admitted to being drunk but not fleeing from police in the DUI-related incident on March 27, 2011. He allegedly drove his patrol car, in a wrong-way chase, for 11 miles on U.S. 29.
J.H. argued that he was emotionally disturbed following the recent death of his sister, and, suffered with PTSD after serving in Afghanistan. However, Judge John Cook ruled that evidence presented in regards to J.H.'s mental state was irrelevant.
At approximately 3 a.m. J.H., 31, was seen driving the wrong way near Yellow Branch. A newspaper carrier, B.T., testified that she saw the police cruiser's headlights coming towards her in the northbound lane so she pulled from the road, turned onto the southbound side and attempted to follow J.H. to warn others.
Altavista Police Department Officer F.J. was parked, with his lights flashing, a little south of the Dearing Ford Road exit. Officer F.J. testified that he saw J.H. slow his vehicle down, turn around and drive up the interchange ramp that would take him toward Dearing Ford Road.
F.J. flashed his blue police lights as J.H. turned his car around. J.H. proceeded past the officer's lights, and was chased almost two miles. While J.H. drove down a narrow, wet, road – he was pursued by two Altavista officers, two county deputies and a Virginia state trooper.
The police were able to surround him on Clarion Road forcing J.H. to stop his vehicle.
Prior to his capture, it was determined that J.H. drove at speeds between 65 and 70 mph.
Trooper T.L. Barr testified that while police found two unopened beer cans in J.H.'s cruiser, he detected "a strong odor of alcohol on (J.H.) and in the vehicle" and J.H. proceeded to fail several field sobriety tests.
J.H. refused to submit to a breathalyzer exam. However, he admitted to officers that he had been drinking just before 1 a.m.; and later changed the time to have been sometime between 2 a.m. and 3 a.m.
S.H., J.H.'s wife, testified that she witnessed her husband consume three beers while he watched a NASCAR race at home earlier that evening. She went to bed before he did but later, at approximately 3 a.m., she woke to find that both J.H. and the cruiser were gone.
S.H. was able to locate J.H. on his cellular phone, but said that he sounded confused. It was at this time in her testimony that S.H. explained that her husband was suffering with emotional issues after loosing a sister. S.H. said, "Everything changed when his sister died, his whole world turned upside down."
A psychologist testified that J.H. was diagnosed with PTSD, depression, alcohol abuse and abuse of medication. The psychologist's testimony was barred from consideration.
J.H. testified that he stopped taking his prescribed medication – given to him following his sister's death – as his police supervisor had noted his use.
J.H. was convicted of DUI and felony eluding, he remains free pending sentencing.
Charges that stem from DUI, DWI, OWI or OUI require that you hire an attorney experienced in this type of defense. Contact a DUI attorney to best suit your needs.