Sentence upheld in drunk driving case
Nov 30, 2008 | 718 views | 3 3 comments | 2 2 recommendations | email to a friend | print
The Sixth Court of Appeals in Texarkana has affirmed the intoxication assault conviction and 10-year-prison sentence of Franky Paul Johnson, Upshur County District Attorney Billy Byrd said.

Johnson, of Gilmer, was tried in January in the 115th District Court in Gilmer for intoxication assault that occurred in the early morning of Feb. 26, 2007.

Johnson argued that the trial judge abused her discretion by not suppressing the blood alchohol test from blood taken from Johnson.

Justice Bailey Mosely wrote that state law does not always require consent or a search warrant where the responding officer believes an injury occurred.

Justice Mosely also addressed the issues of legal and factual insufficiency of the evidence indicating that a motor vehicle is a deadly weapon.

Mosely wrote that “the manner of the manner of the Appellant’s use of the truck (the reckless driving) was not only capable of causing serious bodily injury or death, but did cause serious bodily injury” to the victim.

“During this holiday season, let this be a reminder that those who choose to drink and drive will be aggressively prosecuted,” Byrd said. “This type of offense is a 100 percent preventable crime. The victim in this case was fortunate to survive.”

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m22383
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April 08, 2014
I understand that drinking and driving is against the law and yes Franky was wrong to do so. With that being said He hasn't only served the minimume 5yrs that he had to serve before coming up for parole but now has been giving TWO 1-year set offs,!!Franky has notgoen into any trouble since being imprisoned,has been a tustee for at least 4yrs, and has done the classes that was expected of him but yet he is still not allowed to come home to his Family(He has 2 Boys)!! He undrstands that he has done wrong has eve finally admitted that he should have never been behind the wheel!!! We the Family look foward to the day he gets to come home to us
sweetgurl75656
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December 13, 2008
I know that it is not right to drink and drive. I don't agree with being under the influence of anything and driving, BUT I have followed this case very closely and the circumstances involving this particular case are extenuating to say the least. Some of the evidence should have been supressed that was allowed in the case. Mr. Johnson did not deserve 10 years in prison. There are so many things that the media wont show you.
charliebug5865
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December 05, 2008
Please, to all of you diehards who insist on drinking and driving, if you dont think about the risk to others family members, please, STOP & THINK OF YOUR OWN and what a mess their CHRISTMAS AND NEW YRS. will be if you go out and hurt somebodys child, mother, father,or grandparents!!!!I CANNOT STRESS IT ENOUGH, the best way not to drive while drunk,DONT DRINK!!!! Its the birthday of JESUS CHRIST,have a non-alcohol party,I bet everyone has just as much fun, nobody gets hurt,nobody goes to jail, GOD BLESS GILMER, TEXAS AND MERRY CHRISTMAS & HAPPY NEW YEAR 09 SOBER!!!!