 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Melanson8/27/2002
James Melanson appeals from the judgment of conviction entered in the Superior Court (Penobscot County, Mead, J.) following a jury verdict finding him guilty of one count of operating under the influence (Class D) in violation of 29-A M.R.S.A. § 2411(1) (1996). [FN1] Melanson argues that the evidence was not sufficient to support the conviction and that the court erred by refusing to declare a mistrial based on a juror's prior experience as a police officer. We affirm the judgment.
FN1. Section 2411(1) provides:
1. Offense. A person commits OUI, which is a Class D Crime unless otherwise provided, if that person operates a motor vehicle:
A. While under the influence of intoxicants; or
B. While having a blood-alcohol level of 0.08% or more.
29-A M.R.S.A. § 2411(1).
*396 I. BACKGROUND
[ 2] The trial evidence may be summarized as follows: At about 7:30 p.m. on December 31, 1999, Deputy William Birch of the Penobscot County Sheriff's Department was patrolling Route 1A in Holden. He observed Melanson's pickup truck operating at a high rate of speed and obtained a radar reading of 67-69 miles per hour in a 45 mile-per-hour zone. He also observed Melanson's vehicle swerve in and out of its lane of travel on four separate occasions over the course of 1.5 miles. Deputy Birch activated his blue lights, and Melanson pulled over.
[ 3] When Deputy Birch approached the vehicle, Melanson rolled the driver's side window down one or two inches and did not make eye contact with Birch. Deputy Birch could smell an odor of intoxicating liquor coming from the cab area of Melanson's vehicle. When Deputy Birch was able to make eye contact with Melanson, he noticed that Melanson's eyes were "reddish." When asked to step out of the vehicle to perform field sobriety tests, Melanson became agitated and refused. Because of the cold weather, Deputy Birch offered to conduct a couple of field sobriety tests in his cruiser. Again, Melanson refused. Deputy Birch placed Melanson under arrest and transported him to the Penobscot County Sheriff's Department.
[ 4] Along the way, Melanson acted belligerently, swore at Deputy Birch, and kicked the console in the cruiser. At the Department, Melanson was uncooperative and belligerent, and at one point he had to be restrained because he kicked a door.
[ 5] Melanson initially agreed to take an intoxilyzer test. In order to obtain reliable results, the intoxilyzer test operator conducts two separate tests. During the first test, the operator noticed that Melanson was not properly blowing into the instrument's mouthpiece. Rather than blowing into the machine, Melanson blew a quick breath around the mouthpiece. Melanson refused to blow a second time and refused to sign the implied consent form read to him by Deputy Birch. The operator of the intoxilyzer test also detected an odor of an intoxicating beverage coming from Melanson's mouth area. Melanson was charged with one count of operating under the influence.
[ 6] Melanson's case was tried before a jury and within minutes of the initiation of jury deliberations, the court received a note from the foreman stating that one juror did not feel comfortable participating in the decision due to his past work as a police officer. [FN2] The trial justice immediately instructed the jury to stop deliberating and had the juror brought into his chambers along with both attorneys. The trial justice and, subsequently, both counsel questioned the juror as to the reasons for his discomfort and whether he could serve as a fair and impartial juror. When examined, the juror explained that he wanted Melanson to get a fair trial and that he did not want his prior work experience as a deputy sheriff from 1977 to 1979 to influence other jurors who did not hav
Page 1 2 3 Maine DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|