Wednesday 22 February 2012

Sugar Land Man Convicted Of DWI

A 52-year-old Sugar Land man has been convicted of driving while intoxicated despite claiming a myriad of medical issues excusing his actions that night. Michael Kevin Sharp was convicted by a jury on Oct. 27.

According to Assistant District Attorney Jason Bennyhoff, Sharp was stopped by the Sugar Land police after they heard loud music coming from his car in the Town Center area of Hwy. 6.  The defendant said he was leaving a poker game where he drank only water.  But he displayed the classic signs of intoxication of slurred speech, glassy eyes and had the smell of alcohol on his breath, according to police. 

When asked to perform the standard sobriety evaluations, Sharp couldn’t keep his balance or walk a straight line.  Sharp also refused to submit to a breath test.

At trial, Sharp claimed his condition was due to his diabetes.  He also claimed constant pain from a bad knee and a gum infection.  The defendant further explained he was on an antibiotic and medicine for high cholesterol.  Sharp never told officers anything on the night of his arrest, stating “they didn’t ask.”

“We appreciate the jury’s careful attention to the facts,” said Bennyhoff.  “The defendant claimed too many excuses that were inconsistent with the video evidence and the plain common sense of the jury.”

Sharp was sentenced to 15 months probation including a $1,000 fine, DWI Education Class, a Victim Impact Panel, community service hours and $50 to Fort Bend County Crime Stoppers. 

Sharp was tried in County Court at Law #1 before Presiding Judge Ben W. “Bud” Childers.  Driving While Intoxicated in this case is a Class B Misdemeanor punishable by up to 180 days in jail and/or a fine up to $2,000.  The defendant and the prosecution agreed on punishment.

Assistant District Attorneys Bennyhoff and Wesley Wittig prosecuted the case.  Attorney Penny White represented the defendant.

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