News

State appeals court overturns woman's drunk driving conviction

By The Argus-Press

Tuesday, November 3, 2009 10:05 AM EST

CORUNNA - The Michigan Court of Appeals recently overturned a Shiawassee County woman's 2008 conviction for operating a vehicle while intoxicated because of an error in court procedure.

Kelly Kay Timmer's conviction stemmed from her arrest in February 2008 when, according to the court opinion, a witness called the police after observing a truck driving erratically near Laingsburg.

The responding officers found Timmer in the driver's seat of a parked truck, with the engine running. Timmer admitted to the officer she had been drinking. She failed a field sobriety test and later a DataMaster test at the Shiawassee County Jail, showing she was intoxicated.

According to the Court of Appeals ruling by judges Karen Fort Hood, David Sawyer and Pat Donofrio, Timmer, who was found guilty by 66th District Court Judge Ward Clarkson, who was handling the case on assignment, during a bench trial, was not properly given the option of a jury trial.

According to the Court's ruling, in June 2008, the case file notes a previously scheduled jury trial was adjourned in favor of a bench trial.

However, that proceeding was not transcribed and there was no written waiver of the right to a trial by Timmer.

According to the opinion, Timmer's lawyer agreed to the change. Since Timmer herself did not agree or sign a waiver, the charge was reversed.

A previous court case noted in the opinion states lawyers may not make decisions to waive a jury trial without the input and agreement of the defendent.

The opinion reads, “Nothing shows that defendant, rather than her attorney, made the decision to waive a jury trial, or whether any decision by defendant was made after adequate counsel.”

Shiawassee County Prosecutor Randy Colbry said because of the ruling, a new trial must be conducted.

Comment on this Story

Colbry the Drunk wrote on Nov 5, 2009 7:01 PM:

" May be her and Colbry can toast their successes. They have both managed to be completely guilty, and yet continue on as if nothing happened. RECALL RANDY!!!!!!! "

linda wrote on Nov 4, 2009 11:10 AM:

" why do we even have drunk driving laws in shiawassee county? your prosecutor randy colbry was three times over the limit and didnt have to spend a day in jail. "

really wrote on Nov 3, 2009 10:40 AM:

" Apparently a confession and 2 failed sobriety tests isn't enough for a conviction...so what did she end up with a pretend slap on the wrist and a don't do it again? I guess the bright side is, no one else was involved/injured/killed. "

Steve Durand wrote on Nov 3, 2009 9:34 AM:

" I don't feel Mr. Colbry should be working as a Shiawassee County Prosecutor anymore anyways since he did what Ms. Timmer did as well and got slapped in the wrist. But I am a believer in do the Crime, do the time. But they mess up so let it go. Can't be tried twice. "

drunk people wrote on Nov 3, 2009 7:47 AM:

" are you kidding me? ANOTHER person that drinks and drives gets off with nothing? I dont want to be out on the roads around here anymore! I think maybe there are more people drinking out there than we ever imagined! She was drinking and driving so whats the jury for? Pay for what you did and lets move on! "

tjd wrote on Nov 3, 2009 12:06 AM:

" wonder if colbry was drunk that day too ? "

Jeff wrote on Nov 2, 2009 4:30 PM:

" Seems like a case of double jeopardy if they try her again. "

Me wrote on Nov 2, 2009 4:16 PM:

" It should not matter....if you are drinking...and behind a wheel...you are guilty. If you choose to drink...you choose to pay the price. "

Durand wrote on Nov 2, 2009 3:40 PM:

" Seriously, they gotta be doing this on purpose. I can't take any more Irony. Please....... "

Glen wrote on Nov 2, 2009 2:49 PM:

" Does this gal think a jury trial might get her acquitted? Could her sentence end up more severe if convicted by a jury, then sentenced? "

keith wrote on Nov 2, 2009 2:25 PM:

" just goes to show how crooked our court house really is dont it randy colbry. "