280 results for 'cat:"DUI"'.
J. Land finds that the trial court properly granted defendant's motion to suppress the results of a blood test for drugs. Defendant was charged with DUI offenses. The warrant was specifically limited to the drawing and testing of defendant's blood for alcohol and made no mention of testing for drugs. The warrant therefore did not authorize the drug testing. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: March 8, 2024, Case #: A23A1769, Categories: Search, dui
J. Crothers finds that the district court properly affirmed a North Dakota Department of Transportation hearing officer’s decision to suspend defendant's driving privileges for 180 days after police arrested defendant for driving under the influence. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers , Filed On: March 7, 2024, Case #: 2024ND37, Categories: dui
J. Rowland finds the trial court properly dismissed the DUI under suspended license case. The court lacks jurisdiction, as the offense occurred in Indian territory by the Indian defendant. Though it is true that a case cited by the state offers no guidance as to how the balancing test should be applied to Indian defendants, the General Crimes Act is logically read to preempt state jurisdiction over Indians, while not preempting another class, without mentioning either class. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Rowland , Filed On: March 7, 2024, Case #: S-2023-409, Categories: dui, Jurisdiction
Per curiam, the court of appeal finds that the trial court improperly suppressed evidence from defendant's trial on DUI charges because the arresting officer had reasonable suspicion to detain defendant and conduct the investigation. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: March 6, 2024, Case #: 4D2023-1104, Categories: Search, dui
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Cooney finds that the lower court properly convicted defendant of DUI. Defendant claims that the state improperly used a peremptory challenge against a juror, who was Latino, after defendant objected to the move. Defendant says this was race-related, but the juror in question made several comments about his fear that he could not be fair and impartial during the trial, giving the state good cause to excuse them from the trial. Affirmed.
Court: Washington Court Of Appeals, Judge: Cooney, Filed On: March 5, 2024, Case #: 38980-4-III, Categories: Jury, dui
J. Reyes affirms the defendant's DWI conviction, finding that the district court did not err by determining that the defendant's statements to paramedics were not protected by physician-patient privilege, nor by refusing to suppress evidence obtained through a search warrant for his medical records. Statements to paramedics are not covered by physician-patient privilege, and the presence of the defendant's girlfriend, who was not necessary or customary to his treatment rendered any statements nonprivileged.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: March 4, 2024, Case #: A23-0516, Categories: Evidence, dui
J. Mackey finds that the lower court properly convicted defendant of aggravated driving while intoxicated with a child passenger, driving while impaired by drugs, and drug possession based on evidence gathered during a traffic stop for using a cell phone while driving. Defendant contends the DWI charge should have been dropped because evidence did not indicate intoxication from alcohol, but in recognition of an apparent clerical error in citing the underlying law, that count was amended during trial without prejudicing defendant. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 29, 2024, Case #: 112888, Categories: Criminal Procedure, dui
J. Westbrook finds the trial court properly convicted defendant for leaving the scene of an accident involving injury. A day after the accident, the passenger in defendant's vehicle told the injured child's family that defendant had accidentally hit the child. Defendant turned himself in after this, but denied having been intoxicated, saying he thought he had hit a pothole. The passenger testified defendant was intoxicated, while other substantial evidence supports the conviction. Affirmed.
Court: Nevada Court of Appeals, Judge: Westbrook , Filed On: February 29, 2024, Case #: 86161-COA, Categories: dui, Witnesses, Criminal Negligence
J. Emas finds the trial court improperly denied defendant's motion for final discharge of three misdemeanor traffic offenses she faced for driving under the influence and driving under the influence causing property damage, which she moved for on speedy-trial grounds. The defendant's filing for writ of prohibition did not effectively delay her trial even if it could be considered an "appeal" under Florida rules of criminal procedure, so it did not trigger the 90-day speedy trial period. Defendant's petition for writ of prohibition is granted, and the case is remanded for the trial court to enter an order of final discharge of the misdemeanor offenses.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: February 28, 2024, Case #: 23-1702, Categories: Criminal Procedure, dui, Vehicle
J. Motoike holds that the trial court erroneously found the vehicle code precluded DUI defendants from mental health treatment diversions. Further proceedings are needed to decide if defendant, facing four misdemeanor DUI charges, should be diverted to mental health treatment.
Court: California Courts Of Appeal, Judge: Motoike, Filed On: February 28, 2024, Case #: G062648, Categories: Competence, dui
J. Palafox finds a lower court did not err in denying defendant’s motion to suppress after he allegedly fled the scene of an accident and was later charged with a DWI. Defendant raised a number of issues on appeal, including arguing authorities did not have probable cause to arrest him, but defendant’s vehicle “matched the description and license plate number of the vehicle seen leaving the scene of a motor vehicle accident.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: February 28, 2024, Case #: 08-23-00168-CR, Categories: dui, Due Process
J. Hunter vacates defendant's conviction for operating a vehicle while intoxicated, fourth or subsequent offense. In this case, defendant's third predicate conviction was not valid because he was not adequately advised of his Boykin rights at the time of the guilty plea. Defendant was not advised that he was entitled to a trial by jury for the 2013 offense. Therefore, this court enters a judgment of conviction for operating a vehicle while intoxicated, third offense. Vacated.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: February 28, 2024, Case #: 55,574-KA, Categories: Criminal Procedure, dui
J. Stevens finds that the lower court properly convicted defendant of a DUI. The evidence supports a finding that defendant drove his car while intoxicated because he was found unconscious in the driver's seat, parked in an intersection, with the car running and the key fob in his pocket. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: February 27, 2024, Case #: ED111607, Categories: dui
J. Susswein finds that the trial court improperly suppressed evidence in defendants' trial on DUI charges brought after police discovered a half empty bottle of cognac on the passenger side floor and a loaded handgun in the vehicle. On-scene searches of vehicles destined for impoundment are not prohibited, and defendants do not dispute that the police had probable cause to search the vehicle. Reversed.
Court: New Jersey Appellate Division, Judge: Susswein , Filed On: February 23, 2024, Case #: A-3844-22, Categories: Search, dui
J. Powers finds the trial court properly admitted evidence used to convict defendant of DUII. The officer “specifically informed defendant that he was not under arrest prior to administering FSTs and after defendant was given Miranda warnings.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: February 22, 2024, Case #: A176268, Categories: Evidence, Miranda, dui
J. Danilson finds that defendant was properly convicted of OWI even though a translator had not been available because a jail inmate helped a deputy translate field sobriety tests, and defendant read the instructions in Spanish. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: February 21, 2024, Case #: 22-1080, Categories: Miranda, dui
J. Gibbons finds the county court properly denied defendant's petition for a writ of mandamus. Defendant seeks to challenge the court's denial of his motion to dismiss his DUI charge, claiming he faces fines in excess of $1,000, which raises the offense above that of a misdemeanor, depriving the court of jurisdiction. The legislature has shown its clear intent in requiring payment of a civil penalty, and defendant has failed to show he will pay a criminal penalty. Affirmed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: February 20, 2024, Case #: 87000-CoA, Categories: dui, Jurisdiction
J. Colvin finds that the trial court properly sentenced defendant to serve 15 years following his guilty plea to vehicular homicide, DUI and other offenses. The trial court did not commit any error in considering defendant's status as an undocumented immigrant during sentencing. The trial court did not violate the due process and equal protection clauses when it refused to probate any portion of defendant's sentence and applied a statute allowing trial courts to refuse to probate a sentence if a defendant would be subject to deportation while serving a probated sentence. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: February 20, 2024, Case #: S23A1135, Categories: Sentencing, dui, Vehicular Homicide
J. Olson finds the lower court improperly denied the Commonwealth of Pennsylvania’s (Commonwealth) petition for a writ of certiorari and affirmed a municipal court’s suppression order. A municipal court granted a driver’s motion to suppress the results of a breathalyzer test, as it determined the arresting officer did not have probable cause to arrest defendant for driving under the influence of alcohol. While the arresting officer found defendant’s behavior and crash site evidence sufficient to make an arrest, the first officer on the scene did not agree. On appeal, the Court of Common Pleas of Philadelphia County affirmed the municipal court’s findings and denied the Commonwealth’s petition for a writ of certiorari. The instant court finds that despite the responding officer's conflicting opinions, given the totality of the evidence presented at the scene, the arresting officer had probable cause to arrest. The matter is remanded for further consideration. Vacated.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: February 20, 2024, Case #: J-A28009-23, Categories: Evidence, dui
J. Jewell finds that defendant was properly given consecutive 15-year sentences after pleading guilty to two counts of intoxication manslaughter for an incident in which she killed two people in an auto accident after she had consumed alcohol. Defendant argued that the trial court erred by admitting her "post-Miranda statements" to officers that she made while being treated at a hospital because they implied a lack of remorse, but the record does not indicate the disputed evidence likely caused the jury to give her a harsher sentence. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: February 15, 2024, Case #: 14-22-00884-CR, Categories: Evidence, dui, Manslaughter
J. McClure finds the appeals court erroneously vacated defendant's DWI conviction and determined the trial court should have granted his motion to suppress. The unsettled nature of Texas's traffic law on a driver's failure to remain in a single lane gave the officer a reasonable belief defendant violated the law when he crossed into another lane while making a turn. There was no definitive caselaw at the time of defendant's arrest as to whether a driver must operate a vehicle in an unsafe manner in addition to leaving his marked lane, and so the mistake of law doctrine allowed the officer to conduct a traffic stop and arrest defendant. Reversed.
Court: Texas Court of Criminal Appeals, Judge: McClure, Filed On: February 14, 2024, Case #: PD-0037-22, Categories: Search, dui
J. Shorr finds the trial court properly provided a “Miles instruction” to the jury that convicted defendant of DUII. The term “intoxicants” in the Miles instruction refers to “either or both intoxicating liquor and controlled substances.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: February 14, 2024, Case #: A176781, Categories: dui, Jury Instructions
J. Panella finds that the lower court properly sentenced defendant for driving under the influence of a controlled substance after being pulled over for a traffic stop and admitting to taking medical marijuana that day. There is no legal support for defendant’s argument that medical marijuana is not a Schedule I controlled substance. Affirmed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: February 9, 2024, Case #: J-S41008-23, Categories: Criminal Procedure, Drug Offender, dui
J. McDonald finds that the lower court improperly suppressed evidence of a chemical breath test obtained via search warrant after defendant was pulled over. The deputy did not invoke an implied consent procedure, so no due process right was implicated when defendant was asked to blow into a breathalyzer machine. Reversed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: February 9, 2024, Case #: 22-1530, Categories: Search, dui, Due Process
J. McDonald finds that the district court improperly suppressed the results of a blood test after defendant was arrested for DUI. Iowa Code Chapter 808 authorizes law enforcement officers to apply for, obtain, and execute search warrants for bodily specimens, and the deputy had good cause to apply for the warrant since defendant had been in a hit-and-run incident and appeared to be intoxicated. Reversed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: February 9, 2024, Case #: 22-1531, Categories: Search, dui
J. Badding finds that defendant was properly convicted of OWI, second offense, and child endangerment. Someone in another vehicle reported that defendant had been driving dangerously with a young child in the front seat, and defendant reeked of alcohol and spoke with slurred speak during the traffic stop. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: February 7, 2024, Case #: 23-0100, Categories: Evidence, dui
Per curiam, the appellate division finds that the trial court properly convicted defendant of obstruction of governmental administration and driving while impaired because defense counsel secured acquittal of one count of the indictment, which suggests defendant received meaningful representation. Meanwhile, evidence indicates defendant had refused to exit his vehicle during a traffic stop and that he had seemed confused and glassy-eyed, with slurred speech, when asked about his registration, and that he even dropped his card. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: KA 22-01849, Categories: Evidence, Obstruction, dui