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Supreme Court overturns drugged driving case

Published On: Feb 22 2013 04:07:21 PM CST

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DES MOINES, Iowa (AP) -

The Iowa Supreme Court has reversed the conviction of a man charged in 2010 in Des Moines with driving under the influence of a drug saying there was not sufficient evidence for a jury to convict him.

The court says in a ruling Friday that since the man, Jeffrey Schories, had a prescription for methadone prosecutors had to prove that he was not using the drug in accordance with his doctor's instructions.

Since that didn't occur at his trial, a majority of justices dismissed the case against him.

However, three justices disagreed saying the court shouldn't override the jury's verdict.

In a dissenting opinion Justice Thomas Waterman says the court's ruling means expert testimony will be required in more cases involving charges of driving under the influence of drugs.

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