277 results for 'cat:"DUI"'.
J. Smith affirms the district courts' grants of the defendant's demands to execute his sentences in two cases in two separate counties. A district court may grant such demands even if the conditions of probation are less onerous than the conditions of an executed sentence. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Smith, Filed On: May 6, 2024, Case #: A23-1342, Categories: Sentencing, dui
J. Zahn finds that the district court was within its discretion to exclude evidence that the bicyclist who defendant struck with a vehicle was also under the influence, as that evidence did not constitute an intervening, superseding cause of the collision. The state was only required to show a causal connection between defendant's actions and the bicyclist's injuries to prove aggravated DUI. Also, the admission of defendant's blood alcohol content was supported by expert testimony about testing procedure, despite the lapsed certification of the officer who administered the test. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: May 1, 2024, Case #: 50701, Categories: Evidence, dui, Experts
J. Kamins finds the trial court erred by declining to suppress evidence used to convict defendant of DUII. “Officer’s request to defendant to perform FSTs constituted interrogation after defendant had invoked her right to an attorney.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 1, 2024, Case #: A177789, Categories: Evidence, dui
J. Trapp finds the trial court properly excluded testimony from defendant's expert witness during his vehicular homicide case. Not only did the expert challenge the state's testing methodology regarding the level of marijuana metabolite in defendant's system - testimony excluded by Ohio law - but the state did not have to prove defendant was actually impaired at the time of the fatal wreck, as his vehicular homicide charge was a per se offense. Meanwhile, the vehicular homicide charge does not violate due process because it is reasonably related to keeping Ohio's roadways and the general public safe from impaired drivers. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: April 29, 2024, Case #: 2024-Ohio-1648, Categories: dui, Vehicular Homicide, Experts
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J. Hess finds defendant's erratic and "moody" behavior during the traffic stop and field sobriety tests conducted by the arresting officer, along with his admissions he smoked marijuana and drank alcohol earlier in the day, was sufficient for a reasonable jury to find him guilty of DUI, especially considering he drove across the center line immediately before the stop. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: April 26, 2024, Case #: 2024-Ohio-1642, Categories: Evidence, dui
J. Walker reverses the lower court's original order sentencing defendant to 2 to10 years in prison after entering a Kennedy plea the previous February for the death of another motorist she caused in 2014 while driving under the influence. The judge committed plain error and violated Rule 11 of the Rules of Criminal Procedure when he participated in the plea negotiations and caused defendant to detrimentally rely upon his assurance she would be sentenced on home confinement in exchange for her plea. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: April 25, 2024, Case #: 22-672, Categories: Sentencing, dui
J. Badding finds that defendant was properly convicted of third-offense OWI after crashing through a construction zone because officers observed signs of drug intoxication in defendant after she was detained while fleeing the scene, which justified the warrant for a blood draw. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: April 24, 2024, Case #: 23-0161, Categories: Evidence, dui
J. Joyce finds the trial court erred by admitting arresting officer testimony about field sobriety tests. The “state was required to prove that she had been impaired to a perceptible degree while driving.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: April 24, 2024, Case #: A179615, Categories: Evidence, dui
J. Klappenbach finds the trial court properly convicted defendant for boating while intoxicated. A wildlife officer stopped defendant's boat after he observed his aggressive operation related to cutting off a jet ski. The unsafe speed and closeness of the vessels provided probable cause for the stop. Sobriety tests were administered after the officer smelled alcohol, with defendant failing them all. Sufficient evidence supports the court's ruling. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: April 24, 2024, Case #: CR-23-573, Categories: Evidence, dui
J. Greer finds that defendant was properly convicted of OWI, third offense, since the lower court accepted his guilty plea and defendant failed to point to evidence of actual innocence evidence that would have changed the outcome of his trial. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: April 24, 2024, Case #: 23-0859, Categories: Evidence, dui, Plea
J. Brown finds that the trial court properly granted defendant's motion to suppress evidence obtained while an officer was waiting for a backup unit to assist with a stop of defendant's vehicle. Defendant was charged with DUI offenses, reckless driving and driving on the wrong side of the road. The trial court correctly found that defendant's detention by the officer was unreasonably prolonged. The officer failed to immediately perform any field sobriety tests despite being certified to perform them and despite possessing a test in his vehicle which he eventually used on defendant. However, the case is remanded to allow the trial court to analyze whether there was probable cause for defendant's arrest. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 22, 2024, Case #: A24A0328, Categories: Evidence, dui
J. Hutchinson finds that the lower court properly ordered defendant detained prior to trial on charges of aggravated DUI as a danger to the community. Defendant is responsible for the death of a mother and infant in a car accident, and never turned himself in on the warrant for his arrest until he was arrested on unrelated drug charges. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: April 22, 2024, Case #: 230489, Categories: Bail, dui
J. Tufte finds that the district court improperly entered an amended criminal judgment after defendant conditionally pleaded guilty to driving under the influence. Defendant argues the warrantless entry into his garage was not justified by "hot pursuit and other exigent circumstances." The criminal judgment is reversed and the matter is remanded to allow defendant to withdraw his guilty plea. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: April 19, 2024, Case #: 2024ND74, Categories: Search, dui
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to vehicular assault for injuring a child as passenger while driving under the influence of drugs. Defendant contends his sentence was harsh, but the underlying offense was serious, and he was a second felony offender. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 112913, Categories: Sentencing, dui
J. Sullivan finds the lower court properly elevated defendant's DUI case to a felony based on his previous convictions. While defendant was denied counsel during two previous DUI trials that resulted in convictions, the error did not deprive those trial courts of jurisdiction and, therefore, defendant's collateral attacks on the previous convictions were untimely. Affirmed.
Court: Colorado Court Of Appeals, Judge: Sullivan, Filed On: April 18, 2024, Case #: 2024COA38, Categories: Constitution, dui, Jurisdiction
J. Stanfill finds that the lower court properly convicted defendant of OUI pursuant to a conditional plea of guilty. On appeal, defendant contends that the seizure was unlawful, because it occurred in his home's curtilage without a warrant. However, the argument was not properly preserved, and the court does not find obvious error in the proceeding. Affirmed.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: April 18, 2024, Case #: 2024ME29, Categories: Criminal Procedure, 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
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