Case dismissed: St. George lady accused of DUI and hitting 2 on scooters wasn’t intoxicated

ST. GEORGE — The case towards a St. George lady accused of hitting two boys on scooters whereas driving impaired has been dismissed after new proof revealed she was not intoxicated and solely left the scene to get assist a number of doorways away.

“Firstly, we’re grateful that deputy Washington County prosecutor Jerry Jaeger made the suitable choice to dismiss all prices pending towards our shopper. Nevertheless, the St. George Metropolis Police Division by no means ought to have arrested our shopper, and prices by no means ought to have been filed,” protection legal professional Lindsay Jarvis advised KSL.com.

Christina Juliana “Julia” Johnson, 18, was accused of hitting two 14-year-old boys about 10 p.m. on April 19 in St. George. The boys suffered severe accidents.

Johnson was charged in fifth District Court docket with two counts of negligently working a car leading to severe damage and two counts of failing to stay on the scene of an accident involving severe damage, third-degree felonies; plus DUI, a category B misdemeanor.

However Jarvis says her shopper didn’t have any alcohol, medication or prescription medicines in her system.

“Based mostly upon communications with our shopper, the apparent errors within the possible trigger assertion, and statements supplied from witnesses on scene, we knew the toxicology outcomes could be clear,” she stated.

On Tuesday, the Washington County Lawyer’s Workplace filed a movement for the case to be dismissed, “primarily based upon the evaluation of further proof the state has obtained and is in one of the best curiosity of justice.” A choose formally dismissed the case on Thursday.

The officer who arrested Johnson, an authorized “drug recognition skilled,” in line with a police reserving affidavit, performed area sobriety exams on Johnson on the scene of the accident and allegedly famous combined outcomes.

“After receiving the clues I noticed, I felt Julia could also be impaired, but I didn’t odor alcohol,” the officer wrote within the affidavit.

The officer then performed further exams.

“In spite of everything exams, I established possible trigger that Julia was below the affect of a substance that impaired her potential to function a car safely,” he wrote within the arrest report.

Jarvis, nevertheless, says the affidavit fails to say that the officer “had Ms. Johnson undergo a transportable breath check, which revealed a 0.00% blood alcohol content material,” and had her undergo “a urine check which revealed no unlawful substances have been in her system,” which was additionally not included within the affidavit.

Surveillance video from April 19 that exhibits the accident in St. George. Credit score: Lindsay Jarvis

Moreover, Johnson’s protection workforce collected surveillance video from the neighborhood the place the incident occurred, which Jarvis says clearly exhibits her shopper making a left flip and two teenagers on scooters developing at a excessive price of pace in the dead of night and hitting the aspect of the car.

The officer claimed that after the crash, “Julia had run from the accident screaming” and was discovered about 5 homes away, the affidavit states.

However Jarvis says her shopper, who lives on the road, was attempting to get assist.

“A number of surveillance cameras seize Ms. Johnson frantically screaming, explaining she had simply gotten into an accident. As that is occurring, residents start exiting their houses to determine what is going on on. Whereas Ms. Johnson is wailing in terror, a neighbor in her presence will be heard calling 911 to report the accident,” she stated.

“The scooters didn’t look like geared up with headlights, nor have been the occupants of the scooters carrying reflective clothes. Moreover, video surveillance exhibits the scooters touring at extreme speeds, at occasions transferring quicker than visitors on the roadway. Whereas drivers are anticipated to yield to each oncoming visitors and pedestrians earlier than making a left-hand flip, it could be unreasonable to anticipate a driver to yield to a motorized scooter {that a} driver couldn’t” see, Jarvis continued.

She stated it was a tragic accident that the highschool senior was arrested for and booked into jail.

“She was tried and convicted within the court docket of public opinion, all of which resulted in vital emotional misery,” Jarvis stated. “This incident occurred the evening earlier than her senior promenade. Quite than having fun with the ultimate months of her senior yr In highschool, she was criminalized, and fearful her freedom could once more be taken away for the fee of crimes she did not commit.”