94 results for 'cat:"Evidence" AND cat:"DUI"'.
J. Hotten finds the lower court improperly found that evidence is insufficient to support suspension of a driver’s license. A state trooper stopped the driver after observing him cross the white line on a roadway. The driver failed several field sobriety tests but passed a breath test, and was arrested for driving under the influence of alcohol, driving while impaired by alcohol, driving while impaired by drugs, negligent driving, reckless driving, and failing to obey properly placed traffic control device instructions. An Administrative Law Judge (ALJ) found there was sufficient evidence to support the decision to stop the driver and because the driver refused testing after his arrest, his license was properly suspended. The driver appealed to a circuit court, and despite never viewing the dashcam footage of the incident, found there was not sufficient evidence to support the ALJ’s findings. The instant court disagrees with the circuit court’s decision and finds the ALJ made the correct determination.
Court: Supreme Court of Maryland, Judge: Hotten, Filed On: January 25, 2024, Case #: 6a23, Categories: evidence, dui
J. Bethel finds that the trial court improperly granted defendant's motion to suppress evidence of his refusal to submit to a blood test after his DUI arrest. The trial court incorrectly failed to evaluate defendant's evidentiary argument that exclusion of the evidence was warranted under a statute before reaching his constitutional challenge to the admissibility of blood test refusal evidence. Vacated.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: January 17, 2024, Case #: S23A1118, Categories: evidence, dui
J. Gamble finds that defendant was properly convicted of OWI because during a traffic stop for failing to signal and an outstanding warrant, defendant exhibited bloodshot eyes and slurred speech, and he failed to consent to a sobriety test. Affirmed.
Court: Iowa Court Of Appeals, Judge: Gamble, Filed On: January 10, 2024, Case #: 22-1389, Categories: evidence, Search, dui
J. Freyre finds the trial court properly denied defendant's motion to suppress the results of a blood-alcohol lab test. The Covid-19 pandemic constituted an extraordinary circumstance that allowed law enforcement to conduct only lab tests, and not breathalyzers, when they suspected individuals of DUI offenses. Meanwhile, the results of the field sobriety tests were also properly admitted into evidence because the arresting officer told defendant twice the tests were voluntary, while there was also no evidence of coercion on the part of the officer. Affirmed.
Court: Colorado Court Of Appeals, Judge: Freyre, Filed On: January 4, 2024, Case #: 2024COA1, Categories: evidence, dui
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J. Kloppenburg finds the circuit court properly convicted defendant and sentenced him to 21 years in prison on charges related to a fatal car accident he caused while he had a detectable amount of a cocaine metabolite in his bloodstream. Despite defendant's argument that the relevant statute is unconstitutional because there is no rational basis to include inactive, non-impairing cocaine metabolites in the definition of a restricted controlled substance, which could lead to more "false positives" resulting from blood draws, it is concluded the statute is facially constitutional because it bears a reasonable relationship to its goal of promoting roadway safety and jibes with a "zero tolerance" approach to prosecuting impaired driving that has already been found to be constitutional. Defendant is not entitled to an evidentiary hearing on his motion for post-conviction relief claiming due process violations and ineffective assistance of counsel. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Kloppenburg, Filed On: December 29, 2023, Case #: 2023AP000458-CR, Categories: Drug Offender, evidence, dui
J. McKenna finds the district court properly convicted defendant of driving under the influence and properly denied defendant’s motion to suppress after a police officer stopped him for making an illegal U-turn at an intersection. The lack of a sign expressly prohibiting U-turns there did not preempt other laws and ordinances governing lawful turns. The officer therefore had reasonable suspicion to stop defendant, allowing the officer to later discover he was intoxicated. Affirmed.
Court: Hawai'i Supreme Court, Judge: McKenna, Filed On: December 26, 2023, Case #: SCWC-21-530, Categories: evidence, dui, Witnesses
J. Oliver finds that evidence of text messages related to drug use were properly admitted in a trial that led to defendant's negligent homicide conviction because they showed he knew the risks of impaired driving. Also, an Allen charge encouraging the jury to come to a verdict did not ask jurors to abandon independent judgment, and sufficient evidence of impairment from oxycodone was presented. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: December 21, 2023, Case #: 20220182-CA, Categories: evidence, dui, Vehicular Homicide
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. 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
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. 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. 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. 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. 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. 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
J. Pirtle finds the county court properly terminated defendant from DUI court and sentenced her to a year in prison and 12 months’ post-release supervision. Charged for two counts of felony DUI and for refusal to submit to a blood alcohol test, defendant later drove on a suspended license several times and was once stopped and arrested for a new criminal offense. All witnesses, including law enforcement officers and administrators, were aware of defendant’s multiple infractions and dishonesty. That the witnesses were not sequestered had little prejudicial effect, if any. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: November 7, 2023, Case #: A-23-348, Categories: evidence, dui, Due Process
J. Vargas finds the appeals court erroneously reversed the lower court's order granting suppression of evidence during defendant's DUI case. Although the apprehension of a suspect in a nearby stabbing incident is undoubtedly important, defendant - who was not the perpetrator of the stabbing - was pulled over one mile from the crime scene more than 30 minutes after the stabbing, which made the traffic stop and subsequent search unreasonable. Reversed.
Court: New Mexico Supreme Court, Judge: Vargas, Filed On: October 30, 2023, Case #: S-1-SC-38642, Categories: evidence, Search, dui
J. Englander affirms the defendant’s conviction for operating a motor vehicle under the influence of intoxicating liquor. The booking video was not unfairly prejudicial just because a breathalyzer machine was seen in the video and the video was correct to show because it allowed the jury to view how the defendant performed the walk-and-turn test. The judge’s specific instruction about not considering the breathalyzer was also not an error.
Court: Massachusetts Court Of Appeals, Judge: Englander, Filed On: October 27, 2023, Case #: 22-P-551, Categories: evidence, dui, Vehicle
J. Hart finds the trial court improperly suppressed the results of blood testing prior to defendant's trial on DUI charges. The results were not yet available when it made its ruling, which was not supported by any credible evidence and was made before a trial date had been set. The testing lab, a state agency over which the prosecution has no control, had not yet provided the results at the time of the court's decision to suppress, which could only be made if evidence proved the delay was unreasonable. Reversed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: October 23, 2023, Case #: 2023CO55, Categories: evidence, dui, Discovery
J. Egan finds the trial court erred by denying defendant’s motion to suppress evidence discovered during a traffic stop that was used to convict him of DUII. “Momentary and minor deviation[s]” onto a fog line are not a violation. Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: October 4, 2023, Case #: A177542, Categories: evidence, dui