COLUMBUS, Ohio — A judge granted a motion for an acquittal in the case of an Upper Arlington bus driver accused of driving high school students while impaired last year.
Melissa Miller was charged with an OVI after students reported concerns to the school's resource officer about what they felt was erratic driving in November. At the time of the incident, students were being driven from Upper Arlington High School to Fort Hayes Metropolitan Education Center in downtown Columbus.
A previous police report said an officer found Miller at the Kingsdale Shopping Center. When asked what roads she was on, she became confused and couldn't remember which highway she had been on. She also had trouble finishing sentences and was slurring her words.
The report stated that Miller initially said she wasn't on any medication but later said she was prescribed Tylenol 3 and an inhaler in the days prior. Tylenol 3 is a medication that comes with a warning not to operate heavy machinery while taking it. She was arrested and charged with an OVI and prohibited acts with a class A CDL.
Following an Upper Arlington officer's testimony on Tuesday, Miller's attorney, Sam Shamansky, asked for the case to be dismissed because of a lack of evidence, as no tests were admitted into evidence.
Shamansky told 10TV that Miller cooperated with police and "submitted to every test requested of her. This included a chemical test of her urine." He added that the State of Ohio chose not to submit the urine test into evidence at Miller's trial.
A Franklin County Municipal Court spokesperson said the judge agreed with Shamansky and acquitted Miller.
