PROVO At the request of a 4th District Court judge, prosecutors have submitted more evidence in the trial of a man accused of driving under the influence for the fifth time in 10 years.
And after obtaining the evidence, Judge Claudia Laycock said she needed until today at 1:30 p.m. to review the case.
"I'm going to rule from the bench," Laycock said Tuesday afternoon. "But not today. I need some more time. I'm going to go home and check this (compact disc) out on my computer."
The disc contains audio of the 911 call from a man who said he could smell alcohol on Robert VanDyke, 42, before VanDyke drove off and notes from police dispatchers sent to the officer's in-car computer describing VanDyke's vehicle and behavior the night he was arrested on Sept. 25.
Laycock on Tuesday asked arresting officer Matt Johnson to "clarify" some of his prior court statements that quickly turned unfavorable for the prosecutors as the defense brought out contradictions in the Spanish Fork officer's testimony.
During a Jan. 9 court session, Johnson testified that VanDyke had been swerving "within" his lane of travel but had broken no traffic laws. On Tuesday he testified VanDyke swerved onto the hash marks that separate lanes and broke the law when he turned into the outer lane while making a left turn.
Responding to a question from defense attorneys, Johnson said he had no explanation for his inconsistent testimony.
VanDyke's attorney, Carter Shelden, said he believes a guilty ruling would be appealable.
"Odor is not enough," Shelden argued. "It's not a crime to drive after you drink."
VanDyke has been in and out of jail on previous DUI charges and spent five years in prison after he killed Michelle Brady and injured her daughter in a head-on collision in 2000.