Bus Driver Found Guilty of Pinellas DUI

A Pinellas County jury found Travis Merriex guilty of DUI this week for driving his PSTA bus into a check cashing store in 2007. Merriex, now a former public bus driver, was under the influence of prescription drugs and behind the wheel of the bus when it jumped the curb, collided with cars, trees and a utility pole before crashing into the Amscot check cashing business on Central Avenue.

In the aftermath of the crash, James Westerhoff became pinned between two cars. After being extracted by six men, Westerhoff discovered that he broke his ankle and had substantial contusions.

Merriex, who exercised his constitutional right to NOT testify against himself, was taken to a  hospital after the accident. An officer described Merriex’s behavior as slow and lethargic. Blood tests revealed Methadone, Alprazolam (generic Xanax) and Lorazepam (generic Ativan) in his system. Merriex told police that the prescriptions were for a back injury.

Although all of those particular drugs are known to have a sedative effect on many people, it is not technically illegal to drive while taking such medication. It is, however, illegal if those drugs cause impairment. Because there is no legal threshold for the presumption of impairment as a result of drugs as there is for alcohol, drug impairment cases can sometimes be complicated.

Merriex was charged with several counts of DUI with property damage and with the felony charge of DUI with serious physical injury for Westerhoff’s physical damages. The jury deliberated for about two hours Wednesday before finding Merriex guilty. Instead of finding him guilty of the felony, however, the jury convicted Merriex of only the lesser charges, DUI causing property damage and injury.

Merriex’s lawyer had argued that Westerhoff’s injuries did not rise the level of “serious” physical injury such as to implicate a felony charge.

A judge will sentence Merriex later this week. The Pinellas Suncoast Transit Authority fired Merriex for failing to disclose the medication.