Wrongly Convicted Database Record

 

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Billy Cox

 

Charge:

Driving Under the Influence of Alcohol or Drugs

Sentence:

"14 days, 30 days community service & $350 fine"

Years Imprisoned:

Year Crime:

Year Convicted:

Year Cleared:

2015

U.S. State or Country of Crime:

Kentucky

County or Region of Crime:

Marion

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Billy Cox was wrongly convicted of driving under the influence of alcohol in Marion County, Kentucky. Cox was stopped at a highway intersection at a general roadblock conducted by the Kentucky Highway Patrol that stopped every vehicle that approached. The car Cox was driving was stopped, and an officer noticed he wasn't wearing his seatbelt. The officer thought he detected alcohol on Cox's breath, and Cox consented to a field sobriety test, which he failed three times. Cox was arrested and charged with driving under the influence (DUI II), failure to wear a seatbelt, and possession of an open alcohol container in a vehicle. After his conviction of all charges in the Marion County District Court, Cox was sentenced to fourteen days in jail, a $350 fine, and thirty days of community service. Cox's convictions and sentence were affirmed by Kentucky's Court of Appeals. On December 17, 2015 the Kentucky Supreme Court by a majority 5-2 vote affirmed the Court of Appeals reversal of Billy Cox's DUI conviction on the basis the roadblock where he was arrested was unconstitutional because police failed to follow proper procedures in implementing a legal roadblock, and consequently the evidence of his intoxication was obtained by an unconstitutional search and seizure."

Conviction Caused By:

Innocence Proved By:

"On December 17, 2015 the Kentucky Supreme Court affirmed the Court of Appeals reversal of Billy Cox's DUI conviction on the basis the roadblock where he was arrested was unconstitutional because police failed to follow proper procedures in implementing a legal roadblock."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Commonwealth of Kentucky v. Billy Cox, No. 2013-SC-000618-DG (Ken. Sup. Ct., 12-17=2015) (Reversing conviction)"

Information Location 1:

http://162.114.92.72/Opinions/2013-SC-000618-DG.PDF#xml=http://162.114.92.72/dtsearch.asp?cmd=pdfhits&DocId=32787&Index=D%3a\Inetpub\wwwroot\Indices\Both_Courts_Index&HitCount=6&hits=29+2a+62+63+98+99+&hc=16&req=billy+cox

Information Source 2:

"DUI case overturned in Kentucky Supreme Court, By Kasey Cunningham, Wave3-TV (Louisville, KY), January 4, 2016"

Information Location 2:

http://www.wave3.com/story/30883990/dui-case-overturned-in-kentucky-supreme-court

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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