Wrongly Convicted Database Record

 

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John Charles Hedgpeth

 

Charge:

Driving Under the Influence of Alcohol or Drugs

Sentence:

Years Imprisoned:

Year Crime:

Year Convicted:

Year Cleared:

2018

U.S. State or Country of Crime:

Oregon

County or Region of Crime:

Coos

City of Crime:

North Bend

Result:

Judicially Exonerated

Summary of Case:

"John Charles Hedgpeth was wrongly convicted of driving under the influence of intoxicants in Coos County, Oregon. John Hedgpeth was stopped by an Oregon State Police Officer for riding his motorcycle without a helmet, and arrested for suspicion of riding his motorcylce while intoxicated. The OSPO transported Hedgpeth to the North Bend Police Department for a blood alcohol test using an Intoxilyzer. That test was conducted about one hour and 45 minutes after Hedgpeth was stopped. The test showed his BAC was 0.09%, above the legal limit of 0.08%. Hedgpeth was charged, and he waived his right to a jury trial. Hedgpeth's defense during his bench trial was there is no way to determine if his BAC was 0.08% or higher at the time of his arrest, and his lawyer made a motion for judgment of acquittal. The judge denied Hedgpeth's motion and found him guilty. Hedgpeth appealed. On February 22, 2018 the Oregon Court of Appeals ruled en banc by an 11 to 2 vote that Hedgpeth's conviction must be set-aside because it is unknown if he was legally intoxicated at the time of his arrest, because his blood alcohol level wasn't tested until 1 hour and 45 minutes later and during that time his BAC could have increased from below 0.08% to 0.09% BAC that he tested for."

Conviction Caused By:

Innocence Proved By:

"On February 22, 2018 the Oregon Court of Appeals ruled en banc by an 11 to 2 vote that Hedgpeth's conviction must be set-aside because it is unknown if he was legally intoxicated at the time of his arrest, because his blood alcohol level wasn't tested until 1 hour and 45 minutes later and during that time his BAC could have increased from below 0.08% to 0.09% BAC that he tested for."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"State of Oregon v. John Charles Hedgpeth, No. 14CR1014; A158196 (Oregon Ct. of Appeals, 2-22-2018) (Setting aside conviction based on insuffiicent evidence he was legally intoxicated at time of his arrest.)"

Information Location 1:

http://www.publications.ojd.state.or.us/docs/A158196.pdf

Information Source 2:

"Court overturns DUII conviction, By The Associated Press, The Register-Guard, Feb. 26, 2018"

Information Location 2:

http://registerguard.com/rg/news/local/36491155-75/court-overturns-duii-conviction.html.csp

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

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