Bailey arrested on DWI charges

Published 12:00 am Saturday, November 29, 2008

VIDALIA — The woman who was at one time convicted of an alcohol-related vehicular homicide was arrested on a drinking and driving charge earlier this week.

Sherry Bailey, 41, 173 Lynn Haven Drive, was arrested on charges of DWI test refusal, open container, following too closely and no liability insurance Wednesday night. She was later released on a $1,120 bond.

The arrest was made after Bailey allegedly rear-ended another driver at the stoplight at Walmart on U.S. 84, Police Chief Ronnie G. “Tapper” Hendricks said.

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When the officer arrived at the scene, he observed that Bailey was weaving and slurring her speech, and when the officer required Bailey to perform a field sobriety test, she failed, giving the officer probable cause to take her in to the station for further testing, Hendricks said.

At the station, Bailey reportedly blew into the intoxilyzer machine but did not complete the test, so the police had to charge her with DWI test refusal, Hendricks said.

Even without completing it, however, the test indicated Bailey was intoxicated, Hendricks said.

Bailey was convicted on vehicular homicide in May 2004 in relation to the April 2003 death of 79-year-old Lillie Ingram.

Bailey’s car allegedly struck Ingram’s stationary vehicle, which was apparently waiting to make a left-turn across U.S. 84. Bailey later reportedly blew .098 on an intoxilyzer test.

She was convicted by a six-person jury, but upon appeal the Louisiana Third Circuit Court of Appeals ruled “the evidence was insufficient to show that defendant’s intoxication combined with her operation of her vehicle to cause victim’s death, as required for conviction.”

The district attorney’s office appealed the decision, but the state Supreme Court eventually upheld the appellate court’s ruling.