9 results for 'cat:"Evidence" AND cat:"Search" AND cat:"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. 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. 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. 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. 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
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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