Pocatello teacher accused of DUI prepares for trial

The Pocatello elementary teacher accused of a felony DUI was back in court Monday. The defense and prosecution filed a number of motions trying to exclude evidence and witnesses for the upcoming trial.

Amy Smith was charged in May after an incident at Edahow Elementary School. Smith’s defense attorney, Rusty Hansen, told Sixth District Court Judge David Nye the state didn’t honor his discovery request since none of his questions were answered. He also claims the state didn’t follow the rule of discovery.

Lead prosecutor Ashley Graham contested the state gave everything they needed and followed the rule of discovery and that they weren’t responsible for answering those questions. She also told Nye that the prosecution and the lab gave Hansen the proper instructions in getting his questions answered.

The state also filed a motion to exclude all of the defense’s expert witnesses, claiming they were all improperly disclosed within rules.

Nye sided with the state in both motions.

“The court ruled that that is not a requirement according to the criminal rules,” Graham said in regard to Hansen’s motion. “The state had provided all the information that we were required to in accordance with his request and in accordance with the rules.”

Near the end of the hearing, Nye said he’d allow both sides to submit documents proving they did or didn’t comply with the rule of discovery. They have until Tuesday and the judge will make a final decision regarding evidence Wednesday.

On the day of the incident, witnesses said Smith drove erratically on Pocatello Creek Road before turning into the school’s parking lot. She then hit a cement post and a crosswalk sign, which in turn hit a crossing guard.

Nye granted a bond for Smith set at $25,000. If released, she would have to enter substance abuse treatment. Her trial date is set for April 28.