280 results for 'cat:"DUI"'.
J. Mercier finds that the trial court properly denied defendant's motion to suppress the results of a breath test administered after a collision. Defendant was convicted of DUI, serious injury by vehicle and failure to maintain a lane. The trial court correctly found that defendant voluntarily consented to the breath test. Affirmed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: May 31, 2023, Case #: A23A0595, Categories: dui
J. Wray finds a lower court ruled correctly in convicting defendant of driving while intoxicated. Defendant argued that a breath test result had been improperly admitted as evidence, and while authorities indeed did not comply with “accuracy-insuring regulations” around defendant’s breath test, the court heard other evidence of defendant’s intoxication and “did not rely on the inadmissible blood alcohol test results,” and therefore the error was harmless. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: May 30, 2023, Case #: A-1-CA-39633, Categories: Evidence, dui, Vehicle
J. Blane finds that defendant was properly convicted of DUI based on evidence that defendant failed a field sobriety test after being pulled over for crossing the center line. Affirmed.
Court: Iowa Court Of Appeals, Judge: Blane, Filed On: May 24, 2023, Case #: 22-0904, Categories: Evidence, dui
J. Wright finds the trial court improperly convicted defendant for DWI, sentencing him to 10 days’ confinement in the county jail. Defendant says that his due process rights were violated, being a mental evaluation was ordered but not completed. The Ninth District abated the appeal and remanded to determine the feasibility of a retrospective competency evaluation. The state then filed an unopposed motion to reinstate the appeal, vacate and remand, informing the court that defendant is unable to cooperate with a competency evaluation and it is in the interest of justice to dismiss the case. Vacated and remanded.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: May 24, 2023, Case #: 09-20-00234-CR, Categories: Competence, dui, Due Process
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J. Doyle finds that defendant was properly sentenced based on his guilty plea to operating while intoxicated, third or subsequent offense, based on defendant's admission that he was a habitual offender. Affirmed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: May 24, 2023, Case #: 22-0540, Categories: Sentencing, dui, Plea
J. Sullivan finds that the lower court properly denied defendant’s motion to suppress evidence in case, stemming from his driving under the influence of alcohol. The trooper checking to see if defendant, who was pulled over to the side of the road with his hazard lights on, was in need of assistance realized defendant had been drinking during the course of their conversation; thus, his investigative detention of defendant was protected under the public servant provision. Affirmed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: May 23, 2023, Case #: J-S38010-22, Categories: Evidence, dui, Civil Rights
J. Dillard finds that the trial court properly convicted defendant of DUI and passing an emergency vehicle in violation of the Spencer Pass Law. The deputy's stop of defendant's vehicle was justified by his reasonable belief that defendant violated the statute when he failed to move to the left lane despite the presence of the patrol car in the far right emergency lane. Although the trial court incorrectly admitted the deputy's testimony that defendant refused to take a portable breath test, the error was harmless in light of the overwhelming evidence of defendant's guilt. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: May 23, 2023, Case #: A23A0357, Categories: Ineffective Assistance, dui
J. Hart finds the trial court properly convicted defendant for driving while impaired. Though defendant had an identical case pending in another county, the second offense resolved in court first and was used as a prior conviction sentencing enhancement for the first offense. The Supreme Court of Colorado granted defendant’s petition to show cause, yet the plain language of the relevant statute does not require that conduct underlying a second-offense sentence predate conduct underlying the first offense. The rule to show cause is discharged.
Court: Colorado Supreme Court, Judge: Hart , Filed On: May 22, 2023, Case #: 23SA30, Categories: Sentencing, dui, Vehicle