Woman found not guilty of Halloween night DUI charge in Stonington

A 72-year-old woman who was facing the possibility of going to prison was found not guilty of driving under the influence of alcohol or drugs following a trial Wednesday in Superior Court in Norwich.

Sam C. Corcoran of Portsmouth, R.I., had been celebrating Halloween with friends at the German Club in Mystic prior to being pulled over at 12:30 a.m. on Nov. 1, 2017, by Stonington police Officer Troy Powell, according to the evidence.

She was placed under arrest after Powell concluded she had failed an eye movement test, a walk and turn exercise and a one-legged stand test. Taken to police headquarters, Corcoran had a “medical event” and began hyperventilating while being administered a Breathalyzer test. She was taken to Westerly Hospital.

Her attorney, Shawn G. Tiernan from the public defender’s office, said the state’s theory was that Corcoran was driving drunk, failed the field test and refused the Breathalyzer. Corcoran told him from the beginning that she was not guilty and wanted to fight the charge, Tiernan said.

“We argued there were problems with the case, and the jury found her not guilty,” Tiernan said by phone Friday morning. “My client was obviously very pleased, and I’m glad it worked out.”

Judge Nuala E. Droney presided over the one-day trial.

Prosecutor David J. Smith was seeking an enhanced penalty, including incarceration, for Corcoran because she had been convicted of drunken driving in 2011. Generally, the court offers an alcohol education program to first-time offenders that enables them to clear their record of the charge after completing the program. In the 2011 case, Corcoran pleaded guilty and received a suspended prison sentence and one year of probation, which she later pleaded guilty to violating, according to court records.

Smith said by phone Thursday that he elicited testimony from the arresting officer and two other police officers. There was no video available of the motor vehicle stop, but the arresting officer testified that during the field sobriety test, he observed several clues that Corcoran was intoxicated. He testified that Corcoran had involuntary eye movements, known as nystagmus, was swaying and off balance, and walked off the line during the walk and turn test. The officer said he detected the odor of alcohol and that she had slurred speech and red eyes.

At the hospital, Corcoran’s vital signs were normal and she was told she was not having a medical condition, according to Smith.

There was video of the failed Breathalyzer process at police headquarters, but it was of poor quality, according to Tiernan.

Corcoran opted not to testify, and the defense didn’t call any witnesses.

The six-member jury deliberated for about an hour before announcing the not guilty verdict.

“I guess they looked at the evidence and thought there wasn’t enough to find her guilty,” Smith said.