280 results for 'cat:"DUI"'.
J. Pagan finds the trial court erred by admitting evidence obtained during an unlawful stop that led to defendant’s DUI conviction. “Defendant was unlawfully seized when [the officer] followed defendant in a marked patrol car, parked facing the front of defendant’s vehicle approximately one car-length away, and said 'hello' to defendant as he walked away from her,” making the stop illegal because it occurred before officer had reasonable suspicion. Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: December 13, 2023, Case #: A177188, Categories: Evidence, dui
J. Moore finds that defendant's murder conviction was supported by sufficient evidence of implied malice: high blood-alcohol level, predrinking intent to drive, knowledge of the hazards of DUI and highly dangerous driving. Also, he failed to show that vehicular manslaughter is a lesser included offense of a murder charge, and the trial court was not obligated to give the jury an instruction on the lesser related offense of gross vehicular manslaughter while intoxicated. Affirmed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: December 12, 2023, Case #: G061812, Categories: dui, Vehicular Homicide, Jury Instructions
J. Alvarez finds that a DUI defendant's pretrial appeal of the denial of his suppression motion is untimely. The 45-day window for review begins upon arraignment, which has not been held yet. Also, neither Anders or Wende constitutionally require a pretrial appellate review of a denied suppression motion in a misdemeanor case.
Court: California Courts Of Appeal, Judge: Alvarez, Filed On: December 8, 2023, Case #: 0003066, Categories: Evidence, Search, dui
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J. Ellis finds that the lower court improperly denied defendant's request for pretrial release after she was charged with her fourth DUI. The court must at least consider the option of SCRAM (Secure Continuous Remote Alcohol Monitor) monitoring in the mix of possible pretrial release conditions before finding defendant too dangerous to release. Vacated.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: December 8, 2023, Case #: 231801B, Categories: Bail, dui
J. Funke finds the district court properly convicted defendant for DUI, third offense. Defendant's DUI conviction in South Dakota was sufficiently similar to other convictions in Nebraska, and there is no error in finding the South Dakota conviction valid for enhancement. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: December 8, 2023, Case #: S-23-168, Categories: Sentencing, dui
J. Welch finds the district court properly affirmed the county court's denial of defendant's motion to suppress evidence during his DUI case. The arresting officer observed defendant's truck straddling lane dividers and swerving, along with defendant's throwing of cans from the vehicle. There was sufficient evidence justifying the stop, and the arrest is supported by evidence of probable cause. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: December 5, 2023, Case #: A-22-885, Categories: Evidence, dui
J. Papik finds the trial court properly convicted defendant by a no-contest plea for DUI causing serious bodily injury and third-degree assault arising from a car collision. The state presented sufficient evidence to support the charges, and the 1-year sentence and $10,000 fine were properly assessed according to statutory guidelines. Affirmed.
Court: Nevada Supreme Court, Judge: Papik , Filed On: December 1, 2023, Case #: S-23-243, Categories: Evidence, Sentencing, dui
J. Hellman finds the trial court erred by imposing a mandatory minimum $2,000 fine because the jury did not make any findings as to defendant’s blood alcohol content (BAC). The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: November 29, 2023, Case #: A176053, Categories: Jury, dui
J. Egan finds the trial court did not plainly err when it imposed a $255 “Intoxication Conviction Fee” without considering defendant's ability to pay. “The obligation of the court is only to consider the defendant’s financial resources and the defendant’s ability to pay when imposing a fine at sentencing.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: November 29, 2023, Case #: A178430, Categories: Sentencing, dui
J. Streeter finds that the trial court properly considered aggravating factors when sentencing defendant for criminal threats. Though not admitted by defendant or found true by a jury, his prior convictions were in the certified record, so the heightened proof standard for aggravating factors did not apply. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: November 29, 2023, Case #: A165613, Categories: Probation, Threats, dui
J. Welch finds the trial court properly convicted defendant for refusal to submit to a test, driving under revocation and operating a motor vehicle to avoid arrest. Defendant did not stop for more than 10 blocks when the officer attempted to pull her over for speeding, and was found to have bloodshot eyes and smelled of alcohol while operating under a revoked license. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: November 28, 2023, Case #: A-23-262, Categories: Evidence, Ineffective Assistance, dui
J. Mays finds the trial court properly denied defendant's motion to suppress for lack of probable cause in his DUI case. The off-duty detective's observance of his erratic driving, which included running up on a curb and weaving between lanes, was sufficient to allow an on-duty police officer to initiate a stop despite the lack of traffic violations. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: November 22, 2023, Case #: 2023-Ohio-4210, Categories: Search, dui
J. Greer finds that defendant was properly convicted of OWI because the traffic stop was justified after a deputy observed defendant's vehicle crossing the center line, weaving and erratically changing speed. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: November 21, 2023, Case #: 23-0521, Categories: Evidence, dui
J. Solomon finds that the appellate division should have allowed the prosecution to admit defendant's statements in her trial on assault by auto charges brought after she drove into two police cruisers and a police officer. While being held in custody at the hospital, defendant said she "only had two shots prior to the crash," at which point she had not been subjected to custodial interrogation. Reversed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: November 20, 2023, Case #: A-36-22, Categories: Miranda, Assault, dui
J. Waterman finds that defendant was properly convicted of a third offense of operating while intoxicated. A traffic stop was initiated when officers observed defendant driving erratically defendant, and after observing defendant’s slurred speech and bloodshot eyes, and after defendant refused a field sobriety test, defendant admitted he had been drinking. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: November 17, 2023, Case #: 22-0037, Categories: Search, dui
J. Mansfield finds that defendant was properly convicted of operating while intoxicated and eluding. The district court improperly admitted officer bodycam video in which defendant agreed to a preliminary breath test, which implied defendant did not pass the test, but other evidence overwhelmingly demonstrated defendant drove while intoxicated. Affirmed.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: November 17, 2023, Case #: 22-0624, Categories: Evidence, dui
J. Fisher finds that the lower court properly convicted defendant based on his guilty plea to aggravated vehicular assault and driving while intoxicated after an accident that catastrophically injured two passengers. Defendant contends the sentence was harsh, but the term, to which he agreed in the plea deal, fell in line with the severity of the passenger's injuries. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: November 16, 2023, Case #: 112089, Categories: dui, Plea, Cruel And Unusual Punishment
J. Sabatino finds that the appellate division improperly convicted defendant of drug-impaired driving based on the testimony of a drug recognition expert because the expert examination contained some risk of confirmation bias and thus should not have been used as a per se test of guilt.
Court: New Jersey Supreme Court, Judge: Sabatino , Filed On: November 15, 2023, Case #: A-56-18, Categories: dui, Experts
J. Arterburn finds the district court properly upheld defendant's DUI conviction. The arresting officer had probable cause to conduct a breath test, as defendant smelled of alcohol and admitted to drinking, while a breath test showed that his blood alcohol level was over the limit. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: November 14, 2023, Case #: A-22-918, Categories: Evidence, dui
J. Carr finds that defendant was properly sentenced to prison for possession of a controlled substance and OWI, both second offenses, since the lower court endorsed the sentencing recommendation included in the plea agreement. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: November 8, 2023, Case #: 22-1672, Categories: Sentencing, dui, Plea
J. Scott finds that defendant was properly convicted of possession of a firearm by a felon as a habitual offender and OWI, second offense. Defendant failed a sobriety test during a traffic stop and, while talking to an acquaintance on the phone in front of a police officer, he admitted he had been in possession of a gun. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: November 8, 2023, Case #: 22-1650, Categories: Evidence, Firearms, dui
J. Greer finds that defendant was properly convicted of DUI, second offense, since the circumstances of defendant's motorcycle crash and eyewitness statements supported issuing a search warrant for a sample of defendant's blood. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: November 8, 2023, Case #: 22-1764, Categories: Evidence, Search, dui