Prosecutors reduce country star Michael Ray’s DUI charge to reckless driving, citing police errors

Prosecutors have reduced a DUI charge against country star Michael Ray, known for his hit singles such as “Kiss You in the Morning” and “Real Men Love Jesus,” to reckless driving after concluding Eustis police didn’t conduct field-sobriety tests properly.

Eustis police failed to give correct test instructions to Ray, who was arrested under his legal name, Michael Ray Roach, wrote Walter Forgie, supervising assistant state attorney for Lake County, in his decision to amend the DUI charge. Police also failed to inform him of their criminal investigation or provide corroborating body camera footage, according to Forgie.

“Body cam footage does not provide a full view of Mr. Roach,” he wrote. “However, body cam video … shows the Defendant [Ray] and officer discussing a football game in detail.”

Ray, who turns 30 April 29, is charged with one count of reckless driving and one count of felony marijuana possession after the singer admitted THC “hashish” oil found on him during his arrest belonged to him.

Eustis police responded to a call 4 a.m. Dec. 20 at the McDonald’s on Bay Street and discovered Ray driving an orange 2012 Jeep Wrangler that had bumped into a blue Scion in front of it in the fast-food restaurant’s drive-through.

Michael Ray returns to Central Florida in November “

Country star Michael Ray apologizes for DUI, promises to rebuild trust “

“While speaking to Michael I noticed he had blood shot eyes, slurred speech, he stumbled while walking and smelled of alcohol … he said he was coming from a bar in Tavares,” an officer wrote in the arrest report.

But officers failed to tell Ray they were switching from an accident investigation to a criminal investigation, making all of Ray’s comments made at the scene inadmissible in court.

They also failed to give the proper instructions for field-sobriety tests, two of which Ray failed.

The singer “successfully completed the Finger to Nose exercise,” Forgie wrote. “This was in spite of the officer incorrectly listing the sequence for nose touches” before Ray began.

No police body cams recorded Ray performing the field tests because the footage “cuts off the lower half of his body and does not provide a stable view,” the prosecutor wrote.

“Most if not all of their evidentiary value has been compromised,” Forgie added.

Finally, prosecutors interviewed three friends at Ruby Street Grille in Tavares, where Ray had spent the evening.

They told prosecutors Ray was volunteering for a Christmas event, had only one drink and ate a dinner of chicken and broccoli.

“Police officers based the arrest on probable cause and had probable cause in this case, however, the State Attorney’s Office has a greater burden of proof to take it to trial,” Eustis senior police officer Jim Franquiz said. “We respect their decision and their recommendations.”

A 2006 graduate of Blue Lake Academy in Eustis, Ray has been a rising star since winning The CW network’s televised music competition “The Next: Fame Is at Your Doorstep” in 2012.

In 2015, he made his debut at the Grand Ole Opry in Nashville, where he has been developing his country music career.

He had returned to Central Florida from Nashville to perform in concert Nov. 25 at the House of Blues in Disney Springs.

jruiter@orlandosentinel.com or 352-742-5927; Follow him on Twitter at @JasonRuiter1.