Jury trial set for DUI case | RecordCourier.com

Jury trial set for DUI case

by Rachel Spacek
rspacek@recordcourier.com

A jury trial for Daniel K. Gorman is set to begin Monday in District Judge Tod Young's court.

Gorman, 25, pleaded not guilty to a felony driving under the influence — third offense charge in September 2015.

Gorman was originally arrested on charges of driving under the influence and possession of marijuana in March.

According to court documents, a deputy was patrolling in the Stateline area when he noticed a gray pickup truck cut off a vehicle and change lanes without using its turn signal. The deputy said he saw the vehicle pull into a CVS parking lot and saw a man get out of the car. The deputy made contact with the man who said he was running into the CVS to grab beer. The deputy believed the man could be intoxicated.

Gorman told the deputy he had one beer four hours ago with a friend. Gorman completed the standardized field sobriety tests and the deputy believed he was impaired.

In a preliminary hearing, Gorman's attorney Maria Pence, questioned whether the deputy was able to see that Gorman was the driver of the vehicle and that he was in fact, the only one in the vehicle. Pence said according to the information provided, the deputy would have had to see into the car at the distance of about a football field while traveling in the opposite direction of Gorman.

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During trial the defense will argue that Gorman was not the driver of the vehicle.

Since his preliminary hearing Gorman had a failure to appear in Justice Court and a failure to appear in District Court. He was arraigned in March 2016 in Young's court and since then had a bail violation for consuming marijuana. The trial was also postponed because the deputy involved in the incident was deployed in the Marine Corps.

The trial will begin Monday at 9 a.m.