jmccann@heraldsun.com; 419-6601
DURHAM -- A jury on Friday found Alvin Glenn Johnson guilty of driving while impaired last year even though his blood-alcohol level a couple of hours after his arrest tested below the legal limit.
Superior Court Judge Paul Gessner ordered Johnson, 55, to serve 20 days over 10 weekends in the Durham County Detention Facility beginning Nov. 20. The judge gave him 18 months of probation wherein he'll be subject to checks to determine whether he's been drinking alcohol.
Gessner told Johnson he's not allowed to drive a motor vehicle in this state until he gets permission from the N.C. Division of Motor Vehicles. Johnson had a driving-while-impaired charge prior to Friday's conviction. Because the former charge occurred within the past three years, Gessner said he believed it meant Johnson wouldn't be able to drive for four years.
Johnson's lead counsel, Keith Bishop, said the state was trying to establish precedent in "retrograde extrapolation," which the lawyer said is about going back to determine whether someone whose blood alcohol didn't test at or above the legal limit was at some point driving while legally drunk.
Assistant District Attorney W. Frederick Gore in his closing argument said the evidence shows Johnson wasn't thinking clearly at the time of his arrest and that he could have caused a traffic accident had arresting Durham Police Department officer J. Sandoval not pulled him over.
"He decided to get behind the wheel and create an unsafe environment," Gore said.
When Sandoval took Johnson to the jail to get his blood-alcohol level checked, he blew .05 g/210 L of breath, which is lower than the legal limit of .08.
Seeking leniency, Johnson told the judge his job involves him with the homeless and those who suffer with mental illness. One of his lawyers, Idrissa Smith, said Johnson does some work at the courthouse with those who have issues with substance abuse. Smith said Johnson, while embarrassed by all of this, positively contributes to the community, and the lawyer was seeking leeway so the man could continue doing so without the burden being so heavy.
The jury also found Johnson guilty of making an improper traffic turn on the same night he was charged with driving while impaired. That was Nov. 20, 2008, and Sandoval stopped Johnson for unlawfully entering a lane of traffic at Holloway Street and Junction Road. Sandoval testified Johnson's breath smelled of alcohol and his eyes were red and glassy.
Johnson's case ended up in superior court after he appealed a District Court conviction of driving while impaired.
