The initial appearance for Irving Elementary teacher Katryn "Katy" James on a charge of driving while intoxicated was postponed today due to the closing of the Newton County Courthouse.
James was also scheduled to have a pre-trial hearing on a charge of careless and imprudent driving. Both charges were in connection with a rollover crash that occurred November 6 on Iris Road east of Otter Drive after James left a party.
The allegations against James, 31, Neosho, were detailed in the probable cause statement written by the Highway Patrol trooper who investigated the accident.
Upon arriving on-scene, I observed a silver Chevrolet Equinox at rest in the roadway, on the driver's side, facing northwest.
Evidence at the scene indicated the Equinox had traveled off the left side of the road, collided with a barbed wire fence, collided with a tree and overturned. I made contact with the driver and obtained preliminary crash information and made a wrecker request for the driver. I asked the driver for her driver license and proof of insurance for the Equinox.
She stated her driver license was somewhere inside the Equinox. Her husband, who was on-scene, provided current proof of insurance. I identified the driver as Katryn L. James, via her name and date of birth which she provided verbally to me.
While speaking with James I smelled a moderate odor of intoxicants on her breath. I also noticed her eyes were bloodshot and glassy. I asked James to seat herself in the front passenger seat of my patrol vehicle, which she did.
While inside my patrol vehicle, I obtained additional crash information from James. I asked James what happened and she said, "I was driving home. I never drive this road. I was taking it because there was a semi on the road and I was trying to, you know, cut time I guess. And I saw a deer and I tried to get away from the deer and I knew I f - - - ed up the second I saw the deer and I tried to swerve."
I asked James how much alcohol she had, and she said, "I've had like five drinks."
I asked James what she had been drinking and she said, "Um, I had White Claws and I had two beers."
I asked James how long ago she finished drinking and she said, "Um, probably two hours from my last time I had from my last beer that I had before I left the party."
Upon my request, James submitted to the following field sobriety tests: horizontal gaze nystagmus, recite the alphabet from C to Y, count backwards from 47 to 32, and a preliminary breath test.
While administering the horizontal gaze nystagmus test, I noted James' eyes tracked equally, her pupils were of equal size, and did not exhibit resting nystagmus. Both of James' eyes exhibited a lack of smooth pursuit. Both of James' eyes exhibited distinct and sustained nystagmus at maximum deviation. The preliminary breath test was positive for alcohol and revealed a result of O.151 %.
At approximately 0106 hours, based on the totality of the circumstances, I determined James was intoxicated and placed her under arrest for driving while intoxicated and for operated a motor vehicle in a careless and imprudent manner - involving an accident. I transported James to the Newton County Jail.
After arriving at the Newton County Jail I inspected James' mouth to ensure there was no foreign material inside. Satisfied, I began the 15-minute observation period at approximately 0128 hours. I advised James of Missouri Implied Consent at approximately 0131 hours.
At approximately 0144 hours James submitted to a chemical test of her breath. Her blood alcohol content was measured to be 0.128.
James was fingerprinted, photographed, and issued citations for driving while intoxicated and for operated a motor vehicle in a careless and imprudent manner - involving an accident. James was released from the jail on citations.
James is represented by Joplin attorney Phil Glades.
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