44 results for 'cat:"Search" AND cat:"DUI"'.
J. Ahlers finds that defendant was properly convicted of OWI, second offense, because a second-hand erratic driving report provided police good cause to initiate a traffic stop. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: August 30, 2023, Case #: 22-0066, Categories: search, dui
J. Greer finds that defendant was properly denied a new trial after on charges of vehicular homicide following OWI. The toxicology report was admissible since a simple scrivener's error in the search warrant did not constitute an intentional act and did not impact the outcome. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: August 30, 2023, Case #: 21-1319, Categories: search, dui, Vehicular Homicide
J. Scott finds that defendant was properly convicted of OWI because the traffic stop had been justified by defendant's failure to yield for pedestrians, which led to his arrest. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: August 30, 2023, Case #: 22-0396, Categories: search, dui
J. Tufte finds that the district court improperly entered criminal judgment on a conditional plea of guilty to actual physical control of a vehicle while under the influence of alcohol. Law enforcement unlawfully searched defendant's vehicle. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: August 17, 2023, Case #: 2023ND155, Categories: search, dui
J. Bevan finds that the district court properly suppressed DUI evidence collected during a warrantless misdemeanor arrest by a police officer who had not witnessed defendant driving. An off-duty officer witnessed defendant driving drunk and called it in to dispatch. An on-duty officer later detained defendant at his home, established probable cause using field sobriety tests and arrested him for a misdemeanor DUI. Neither officer had both presence and probable cause for the the arrest and their collective knowledge did not satisfy the constitutional "in the presence of an officer" requirement. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: August 15, 2023, Case #: 49099, Categories: search, dui
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J. Welbaum finds the trial court properly denied defendant's motion to suppress during his trial on DUI charges. The arresting officer had probable cause to initiate a traffic stop after he saw defendant exit a gas station with beer and drive without a rear license plate, while the strong odor of alcohol on defendant's breath gave him probable cause to initiate the search. Furthermore, the trial court properly refused to exclude a blood sample, as defendant's expert witness failed to say with any degree of certainty how much the level of ethanol in defendant's blood sample would have increased as a result of a one hour delay before it was refrigerated. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: August 11, 2023, Case #: 2023-Ohio-2788, Categories: search, dui, Experts
J. Kloppenburg finds the police officer unconstitutionally seized defendant at his home without a warrant while investigating whether he was responsible for a nearby hit-and-run accident. The officer unlawfully seized defendant without probable cause when he refused to stop questioning him at his doorway after defendant told him he wanted to stop the interview and commanded defendant to accompany him to the scene of the accident so a witness could identify him, after which defendant was driven home, handcuffed and subjected to a warranted blood draw that found him to be intoxicated. Defendant is entitled to suppression of all evidence stemming from his unlawful seizure, including every statement he made after the officer refused to stop questioning him, the witness's identification of him both at the scene of the accident and in court, and the results of the blood draw. The circuit court's denial of defendant's motion to suppress and judgment of conviction are overturned, and the case is remanded for further proceedings. Reversed.
Court: Wisconsin Court of Appeals, Judge: Kloppenburg, Filed On: July 13, 2023, Case #: 2022AP000450-CR, Categories: Constitution, search, dui
J. Samour finds that the district court should not have suppressed the results of a blood test that showed defendant was under the influence of THC when he crashed into a driver who was fixing a flat tire and severed his legs. The investigation into the collision was still underway and had not transformed into an arrest when he consented to a blood draw, so the blood sample should not be suppressed because it was not obtained during an arrest that was unsupported by probable cause. Reversed.
Court: Colorado Supreme Court, Judge: Samour, Filed On: June 26, 2023, Case #: 23SA69, Categories: search, dui
J. Bilbrey finds that the trial court improperly denied the state's motion to continue a hearing regarding suppression of evidence related to DUI charges because the state performed due diligence in serving a police officer, and his testimony was vital to the issue. Reversed.
Court: Florida Courts Of Appeal, Judge: Bilbrey, Filed On: June 14, 2023, Case #: 1D22-8, Categories: Criminal Procedure, search, dui
J. Berkenkotter finds that the trial court properly required a hospital to release defendant's medical records narrowly related to her alleged intoxication after she invoked the involuntary intoxication defense to a DUI charge. A DUI defendant waives the physician-patient privilege to medical records by endorsing the affirmative defense of involuntary intoxication.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: June 5, 2023, Case #: 22SA874, Categories: Evidence, search, dui
J. Gallagher finds out-of-court statements made by one of the passengers in defendant's vehicle do not render his convictions for vehicular homicide and assault against the weight of the evidence. The passenger's claim to have stabbed defendant in the neck and yanked the steering wheel immediately prior to the crash "defies common sense," was not supported by any motive, and would not have absolved defendant of blame for his intoxicated driving in the lead-up to the crash. Meanwhile, the trial court properly denied defendant's motion to suppress medical records that both proved he drove intoxicated and disproved he was stabbed in the neck because the warrant was lawful and properly obtained pursuant to the charge of reckless driving. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: June 1, 2023, Case #: 2023-Ohio-1811, Categories: search, dui, Vehicular Homicide
J. Artau finds the trial court improperly declined to suppress evidence in defendant's trial on charges of DUI with property damage. The initial investigation had been conducted by a public service aide, not a law enforcement officer. Reversed.
Court: Florida Courts Of Appeal, Judge: Artau, Filed On: May 31, 2023, Case #: 4D21-3387, Categories: search, dui