A Carroll man’s operating while intoxicated conviction has been dismissed after a District Court judge ordered evidence be suppressed. In June of 2017, 36-year-old Myles Collins Johnson was arrested with a .193 blood alcohol content (BAC) by a former Carroll Police Department officer, Jacob Smith, following a traffic stop for an allegedly malfunctioning license plate lamp. Johnson filed a motion to suppress evidence that claimed Smith had unlawfully expanded the scope of the stop by questioning him about his drinking. A judge denied that request by citing Smith’s credibility, and Johnson later plead guilty to the charge. However, a dismissed libel lawsuit filed by Smith against the Daily Times Herald created questions about his character. Johnson’s request for post-conviction relief was approved earlier this month, and on Thursday, the original motion to suppress was granted with the OWI charge being dismissed. Johnson may now apply for the criminal charge to be expunged from his record and all fees he paid, which includes court costs, fines, surcharges and any bonds, be reimbursed to him.
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