A Rhode Island judge vacated the sentencing of a DUI driver because the original trial judge conducted the case in an unfair manner.

On July 24, 2004, Nicki Nelson was arrested for suspicion of drunk driving when she crossed a center line and collided with a car driven by Stanley Bates. Bates suffered crippling injuries to his legs, which are now permanently disfigured. A jury found Nelson guilty and sentenced her to 10 years for DUI causing serious injury and driving to endanger causing serious injury.

At the time, Judge Stepen Nugent was presiding over the case. According to reports in The Providence Journal, Nugent's questioning of witnesses went beyond what was permitted of him as a fair and impartial judge. Nugent was only expected to ask questions that may clarify remarks from witnesses. Instead, he appears to have asked inflammatory questions to sway the jury's interpretation of witness comments.

In particular, the Washington Superior Court determined Nugent was acting like a prosecutor when he questioned a laboratory technician and director during the trial. His questions lead to damning remarks about Nelson's intoxication, which was confirmed with blood tests showing .192% and .208% BAC. 

Nelson will receive a second sentencing for the conviction since her original sentencing was vacated. She is 47 years old, and she will receive credit for any time spent in jail thus far for the incident.