8 results for 'cat:"DUI" AND cat:"Due Process"'.
J. Palafox finds a lower court did not err in denying defendant’s motion to suppress after he allegedly fled the scene of an accident and was later charged with a DWI. Defendant raised a number of issues on appeal, including arguing authorities did not have probable cause to arrest him, but defendant’s vehicle “matched the description and license plate number of the vehicle seen leaving the scene of a motor vehicle accident.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: February 28, 2024, Case #: 08-23-00168-CR, Categories: dui, due Process
J. McDonald finds that the lower court improperly suppressed evidence of a chemical breath test obtained via search warrant after defendant was pulled over. The deputy did not invoke an implied consent procedure, so no due process right was implicated when defendant was asked to blow into a breathalyzer machine. Reversed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: February 9, 2024, Case #: 22-1530, Categories: Search, dui, due Process
J. Cadish finds the district court properly dismissed a petition for judicial review filed by a concealed carry permit applicant whose permit was revoked after a DUI conviction. The sheriff's application of the DUI statute preventing concealed carry certification for those convicted of DUI within the last five years shows no clear error, abuse of discretion or lack of evidence. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: December 29, 2023, Case #: 85293, Categories: Weapons, dui, due Process
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. Zahn holds that the trial court should have obtained defendant's waiver of his right to a jury trial before imposing a sentencing enhancement. The trial court must hold a new trial on the enhancement, which ups a conviction from a misdemeanor to a felony where a defendant has been convicted of another felony DUI within the previous 15 years. Vacated.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: July 20, 2023, Case #: 49241, Categories: Sentencing, dui, due Process
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J. Wray finds a lower court ruled correctly in convicting defendant of driving under the influence. While defendant was right that breath test results were improperly admitted in evidence, the error was harmless as prosecutors had other strong evidence against defendant, including his “inability to safely operate a vehicle” at the time of his arrest. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: July 17, 2023, Case #: A-1-CA-39633, Categories: Evidence, dui, due Process
J. Bishop finds the county court, on review, properly affirmed the DMV’s revocation of defendant’s driver’s license for refusing to submit to a chemical test when arrested for DUI. All evidence supports revocation and all paperwork was properly submitted by law enforcement. A change in the wording on one form, substituting the word “driver” for the word “individual,” has no bearing on whether or not defendant was found to be in control of the vehicle. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 13, 2023, Case #: A-22-669, Categories: dui, Vehicle, due Process
J. Wright finds the trial court improperly convicted defendant for DWI, sentencing him to 10 days’ confinement in the county jail. Defendant says that his due process rights were violated, being a mental evaluation was ordered but not completed. The Ninth District abated the appeal and remanded to determine the feasibility of a retrospective competency evaluation. The state then filed an unopposed motion to reinstate the appeal, vacate and remand, informing the court that defendant is unable to cooperate with a competency evaluation and it is in the interest of justice to dismiss the case. Vacated and remanded.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: May 24, 2023, Case #: 09-20-00234-CR, Categories: Competence, dui, due Process