New DUI trial set for next week
A new trial for a former Marion mortician convicted in 2019 of driving under the influence is scheduled April 6.
Ty Zeiner’s conviction was overturned and remanded back to Marion County District Court after he appealed through the Court of Appeals and the state Supreme Court. Zeiner contended members of the original jury were not instructed properly.
Zeiner was asleep in his car, parked on the side of the road with the engine turned off, on Nov. 18, 2018, when officers found him intoxicated at 3:30 a.m.
At his original trial, Zeiner wanted to have “operate a vehicle” defined as “drive a vehicle” in instructions to the jury. Judge Margaret White denied the request, but on appeal, justices agreed with Zeiner.
Zeiner was sentenced Jan. 10, 2020, to 48 hours in jail followed by five days’ house arrest, then a year’s community corrections. He also was ordered to pay $1,668.
Because of his appeals, he has not served any of his sentence.