Judge overturns Norfolk Commonwealth's Attorney's DUI conviction

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by Eric Kane, 13News Now

WVEC.com

Posted on June 30, 2014 at 1:35 PM

Updated Wednesday, Jul 2 at 10:00 AM

NORFOLK -- A judge overturned the DUI conviction of Commonwealth's Attorney Greg Underwood Monday evening.

Underwood's attorney, State Senator Thomas Norment, called several witnesses, some of whom testified Underwood appeared sober prior to his arrest.

In the end, Circuit Court judge Charles Sharp ruled the Commonwealth failed to prove beyond a reasonable doubt Underwood was impaired while he was behind the wheel.

Underwood was arrested on Oct. 23, 2013 after being pulled over by a Virginia State Police trooper who noticed Underwood was driving through a work zone.

The trooper testified Monday Underwood appeared unstable on his feet, was slurring his speech, and fell unconscious in a patrol car, later urinating on himself.

Underwood told the judge he had only one beer at a neighbor's house and was not intoxicated when he was pulled over.

"Being found not guilty is obviously a tremendous relief to him personally and professionally," said Norment.

Sharp was brought in from Stafford County, and Commonwealth's Attorney Randy Smith came from Henry County to avoid any conflict of interests in the trial.

"I think they did a very good job getting folks far enough away that there was no connection or any kind of bias anybody would've had in connection with the case, and I think that's what you have to do with a case like this," said Smith.

Sharp upheld Underwood's two lower court convictions for refusal of sobriety tests and improper driving.

He must pay a $50 fine and his license has been revoked for 12 months.

Underwood declined to comment about the case after he left court.

 

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