Rockenstyre sentenced to pay after DWI trial

KNOX — Dwayne Rockenstyre was sentenced to pay $845 after he was found guilty of a lesser driving-while-ability-impaired charge in a jury trial in June, with Judge James Corigliano presiding.

Rockenstyre was arrested early in the morning on Dec. 22, 2012, for driving while intoxicated, per se; driving while intoxicated; and failing to keep right, when he and his wife were headed home from a Christmas party.

The jury on June 19 this year found him guilty of a lesser charge, driving while ability impaired, as well as failing to keep right.

He was sentenced on July 17 to pay a $400 fine and a $260 surcharge for driving while ability impaired, and a $100 fine and an $85 surcharge for failing to keep right.

Defense attorney James Tyner raised questions during the trial about chewing gum in Rockenstyre’s mouth around the time he took a breathalyzer test, which is given under strict procedures so as to reduce variability in the results. Assistant District Attorney David Szalda maintained the gum was taken out of Rockenstyre’s mouth before the required observation period.

Corigliano allowed the jurors to infer that the video footage from the police car that was deleted after 60 days and unavailable for the trial, according to the agency’s policy, would have weakened the prosecution’s case.

Rockenstyre could not be reached for comment.

— Marcello Iaia

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