Jury Convicts Repeat DUI Offender

Prosecutors with Charme Allen’s DUI Unit obtained a conviction yesterday when a Knox County jury found a repeat drunk driver guilty. Prosecutor Greg Eshbaugh tried the case against Benjamin Johnston who was convicted of Driving Under the Influence, Second Offense, Driving on a Revoked License, Implied Consent Violation, Failure to Maintain his Lane, and Open Container.

ADA Eshbaugh called witnesses to testify who told the jury that on January 3, 2014, Johnston was traveling down Sevierville Pike when he ran off the roadway crashing into two vehicles parked at a residence. His license was revoked at the time for a prior DUI conviction. KPD Officer Gerald George responded to crash and found that Johnston smelled very strongly of an alcoholic beverage, had slurred or mumbled speech, bloodshot eyes, and was unsteady on his feet. Johnston denied consuming any alcohol, but was unwilling to perform field sobriety tests and refused to provide blood sample to determine his blood alcohol content. An inventory check of Johnston’s vehicle revealed an opened and partially consumed beer that had spilled on his floorboards.

After finding Johnston guilty, the jury awarded the maximum fine allowable under the law. Judge Bob McGee set the case for a sentencing hearing where he will determine if Johnston will serve more than the mandatory forty-five days in jail required under the law.

DA Allen stressed how easy it is to avoid driving under the influence.””In this day and age, there are so many alternatives to driving while impaired. Designate a driver, call a cab, use a service like Uber. There is no excuse for drunk driving.””

If you have any questions, please contact Sean McDermott at 865-215-2515 or Sean.McDermott@knoxcounty.org. For more information about the District Attorney’s Office, visit our website at dag.knoxcountytn.gov and follow us on Facebook and Twitter.