280 results for 'cat:"DUI"'.
J. Kyzar finds that defendant was properly convicted for DWI, fifth offense. Defendant claims that his counsel failed when they did not seek to suppress and object to the use his medical records as evidence, as those include the results of his blood alcohol tests, but there was no reason why the trial court would allow counsel to suppress or successfully object to the admission of this evidence that the trooper obtained with a warrant.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: April 17, 2024, Case #: KA-23-742, Categories: Evidence, Ineffective Assistance, dui
J. Tookey finds the trial court properly ruled that the state trooper had reasonable suspicion to expand the subject matter of the traffic stop. Defendant got his truck stuck in a ditch while attempting to turn around, and he displayed “shaking, which could be a physical symptom of present intoxication.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: April 17, 2024, Case #: A178918, Categories: Evidence, Search, dui
J. Huffman finds that the trial court properly convicted defendant of second degree murder after he was convicted in an earlier trial for gross vehicular manslaughter while intoxicated for the same incident. Gross vehicular manslaughter while intoxicated is not a lesser included offense of murder, so the second conviction did not violate his double jeopardy protections. Affirmed.
Court: California Courts Of Appeal, Judge: Huffman, Filed On: April 16, 2024, Case #: D081050, Categories: Murder, Double Jeopardy, dui
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J. Lawrence finds that the lower court properly sentenced defendant on two counts of manslaughter and other charges stemming from a multi-vehicle accident that allegedly "resulted in the death of two drivers." Defendant was sentenced to 30 years, "with all but twenty-five years suspended," and he now argues that the sentence was not "proportioned to the offense." However, the lower court correctly considered the facts of the case, including that defendant was allegedly driving a loaded tractor-trailer while "ill, fatigued, and under the influence of prescription drugs and alcohol." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: April 16, 2024, Case #: 2024ME26, Categories: Sentencing, dui, Manslaughter
J. Hood finds the district court improperly excluded portions of a video to the jury that shows the defendant refusing to test for suspicion of DUI. This error influences the fairness of the trial, and most likely the jury’s verdict. The defendant has since died, but the portion of the opinion on the administrative definition of “refusal” is remanded for a new trial. Affirmed in part. Reversed in part.
Court: Colorado Supreme Court, Judge: Hood, Filed On: April 15, 2024, Case #: 2024CO20, Categories: Evidence, Jury, dui
J. Walker affirms the lower court's order granting defendant only 30 days for time served while he was on bond on a malicious wounding and wanton endangerment charge arrest. Though the judge erred by not considering the 233 days defendant spent incarcerated following revocation of his bond, the court finds the error harmless since when he was ultimately sentenced on the Raleigh County charges, the judge gave him credit for the time spent awaiting sentencing on the Fayette County charges. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: April 12, 2024, Case #: 22-759, Categories: Sentencing, dui, Bribery
J. Blanchard finds the circuit court did not err when, at the state's request upon remittitur, it reopened defendant's judgment of conviction on a DUI charge that was reversed on appeal, dismissed the DUI charge, reinstated a previously dismissed charge of driving with a restricted controlled substance, and entered a guilty conviction and re-sentenced defendant on that charge. The circuit court's actions adhered to state statutes, including one involving the "single-conviction provision," did not exceed its authority, and did not violate defendant's double jeopardy rights. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Blanchard, Filed On: April 11, 2024, Case #: 2023AP000645-CR, Categories: Double Jeopardy, dui
J. Thissen reverses the Court of Appeals, finding that a state trooper's statements that "refusal to take a test [for blood alcohol content] is a crime" complied with the advisory requirements of a Minnesota statute regarding chemical tests requiring a search warrant. The only reasonable reading of the statute is that it requires that a driver be advised, generally, that test refusal is a crime, not that they be advised in detail of all of the elements of the offense of test refusal. Reversed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: April 10, 2024, Case #: A22-1238, Categories: Search, dui, Civil Rights
J. Bokor finds the trial court improperly dismissed defendant's misdemeanor DUI charge because a report a state's witness prepared was not provided to defense counsel before the trial. Seeing as how "dismissal is an extreme sanction," the trial court abused its discretion by dismissing the charge based on a report that was inadvertently not provided to the defense and contained neither evidence to exonerate defendant nor hardly any evidence that was not already in a different witness' report. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: April 10, 2024, Case #: 23-0464, Categories: dui, Discovery
J. Emas finds that, in light of the state's motion for clarification, a new opinion is necessary to replace a previous opinion in defendant's speedy-trial dispute in her case in which she faces charges for fleeing the scene of an accident while driving under in the influence. Given the facts of the case and the applicable rules of criminal procedure, it cannot be said that defendant's petition for a writ of prohibition filed with the county court claiming she was denied a speedy trial within 90 days of her being taken into custody was an appeal that technically "delayed" her trial. Defendant's second writ of prohibition filed with the appellate court is granted, and the case is remanded for final discharge of defendant's misdemeanor charges.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: April 10, 2024, Case #: 23-1702, Categories: Criminal Procedure, dui, Speedy Trial
J. Murray finds that the lower court properly sentenced defendant for driving under the influence and careless driving. The evidence, a police-recorded video of defendant swerving over lines on the road and the fact that his pupils were dilated, sufficed to sentence defendant for a DUI. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 10, 2024, Case #: J-S37036-23, Categories: Evidence, Sentencing, dui
J. Gibbons finds the district court improperly dismissed this DUI-causing-substantial-bodily-harm case. Defendant was witnessed attempting to exit the passenger side of a vehicle that had just run a stop sign and hit another vehicle, injuring the occupants. A blood test showed defendant's alcohol level at twice the legal limit. No other person was found in the car or area, and defendant's blood was found on the driver's side airbag. Though one of the responding officers referred to defendant as a "bitch," without considering the ensuing bad faith allegations as part of the whole investigation, this is insufficient to find bad faith conduct. Reversed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: April 8, 2024, Case #: 86371-COA, Categories: Dna, Evidence, dui
[Consolidated.] J. Vinci finds that the trial court improperly convicted two defendants of driving while intoxicated and other driving offenses because the court did not conduct hearings on the two cases and wrongfully held that counsel was required to request argument. Reversed.
Court: New Jersey Appellate Division, Judge: Vinci, Filed On: April 4, 2024, Case #: A-2054-22, Categories: Criminal Procedure, dui
J. Gordon McCloud finds that the lower court improperly found that breath alcohol tests performed in Kitsap County and done on Dräger Alcotest 9510 machines violated local state statutes and could not be used for evidence. The lower court is correct that under Washington law, a state toxicologist must approve the methods and math behind test result calculations and the Dräger Alcotest machines do not calculate the math correctly under the statue. However, the machines do not need to do the math alone, as the state is still allowed to do the math according to the law, and there is nothing under the law that states the breath machines have to do that math. As long as the calculations were done correctly by the state, results from the breath tests can still be used as evidence. Reversed.
Court: Washington Supreme Court, Judge: Gordon McCloud , Filed On: April 4, 2024, Case #: 101171-7, Categories: Evidence, dui
J. Zahn holds that the trial court lacked jurisdiction to modify defendant's sentence for a felony DUI conviction. A stay pending an appeal that failed did not toll the clock on his modification motion, which came three years after sentencing. His original sentence of six years with one year fixed is reinstated. Vacated.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: April 3, 2024, Case #: 50765-2023, Categories: Sentencing, dui, Jurisdiction
J. Welch finds the district court improperly reversed the county court's dismissal of a DUI case. Although defendant requested a continuance to retain counsel, the county court did not advise defendant of the effect of a continuance, and it found that the time from that date to the continued arraignment date was not excludable. The district court reversed this after the state filed a notice of intent to take exception but failed to pay the docket fee. Because the state acknowledged failing to pay the docket fee, the district court lacked subject matter jurisdiction. Reversed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 2, 2024, Case #: A-23-001, Categories: dui, Speedy Trial, Jurisdiction
J. Budd supports the denial of the defendant’s motion to suppress analysis of his blood samples. His consent is not needed where he is being charged for operating under the influence resulting in serious bodily injury and death rather than simple operating under the influence. Affirmed.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: April 1, 2024, Case #: SJC-13384, Categories: Evidence, dui, Vehicle
Per curiam, the Supreme Judicial Court of Massachusetts reverses the suppression of the defendant’s blood sample analysis. The consent requirement governing blood sample analysis in a charge of simple operating under the influence case does not apply to a charge for operating under the influence in a way which causes serious bodily injury. Reversed.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: April 1, 2024, Case #: SJC-13458, Categories: Evidence, dui, Vehicle
J. Greer finds that defendant was improperly sentenced for OWI because the district court relied on unproven information, namely that defendant operated a vehicle with alcohol and cocaine in his system.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: March 27, 2024, Case #: 23-1099, Categories: Sentencing, dui
J. Stiglich finds the trial court properly convicted defendant for DUI causing serious bodily harm. Defendant drunkenly lost control of his vehicle and spun into oncoming traffic, striking the victim's vehicle. Defendant fled on foot and the driver and passenger in the other vehicle sustained injuries requiring surgery. Substantial evidence supports the conviction, though the court improperly ordered $10,000 in restitution to a victim's advocacy group without competent evidence. Affirmed in part.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 21, 2024, Case #: 85987, Categories: Evidence, Resisting Arrest, dui
J. McKinnon finds that the trial court properly instructed the jury that it could conclude defendant was in actual physical control of his vehicle while intoxicated for the purposes of a DUI count even if he was unconscious. It was also proper to allow the state to rebut a closing argument in which counsel argued the state was dishonest in deciding not to introduce a photo of defendant asleep across the bench seat of his truck. However, the imposition of a $5,000 fine violated the constitutional proportionality requirement since it did not take into account defendant's ability to pay. Reversed in part.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: March 20, 2024, Case #: DA 21-0413, Categories: Sentencing, dui, Jury Instructions
J. Abele finds that although the trial court added a recklessness element to the jury instruction for defendant's driving with fictitious license plates charge, defendant was not prejudiced. It decreased the likelihood of a guilty verdict and did not affect the outcome of the trial. Meanwhile, defendant's erratic driving, admission to the arresting officer he had been "snorting a perc," and the officer's testimony about slurred speech and constricted pupils was sufficient to support his conviction for driving while impaired. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: March 15, 2024, Case #: 2024-Ohio-1036, Categories: dui, Vehicle, Jury Instructions
J. Jacquot finds the trial court properly denied defendant’s motion to dismiss a reckless-endangering charge pursuant to a civil compromise. “Justice would be better served by proceeding with the prosecution than by dismissing the case, due to its concerns about the propriety of allowing compromises between minor victims and their parents.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: March 13, 2024, Case #: A177681, Categories: dui