 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Crawford2/4/1997
Defendant Brad Lee Crawford was arrested on 24 November 1994 and charged with driving while impaired, resisting, obstructing, and delaying a law enforcement officer, and simple possession of marijuana. After a trial, defendant was found guilty of all three charges in Guilford County District Court. Defendant appealed to Superior Court, and on 23 August 1995 filed a motion to suppress.
The trial court held a hearing on defendant's motion 13 September 1995. The uncontroverted evidence presented at the hearing showed the following. At approximately 3:24 a.m. on 24 November 1994, a deputy of the Guilford County Sheriff's Department received a call from the dispatcher to check on a suspicious vehicle sitting on the side of the road in a rural area of Guilford County. Approximately ten to fifteen minutes later, the deputy arrived at the indicated area and observed a black Nissan 300ZX parked on the side of the road with the engine off. The driver's door was open and defendant was sitting in the driver's seat with one leg hanging out of the car. The deputy described defendant as being in a semiconscious state. Defendant's knee and shirt were wet from drool and his pants were undone. There was no one else in the car.
The deputy became concerned that the defendant might be sick and asked defendant if he was all right. Defendant was initially unresponsive and appeared to have trouble speaking. The deputy began looking for a medical alert bracelet and considered calling for an ambulance. However, as he looked for the medical alert bracelet, the deputy detected a strong odor of alcohol on defendant's breath. He then felt the hood of defendant's car and, although it was 26 degrees outside, the hood was warm to the touch. The deputy observed a cardboard box of audio tapes sitting in the front seat and a yellow nylon car cover in the back seat, but saw no beer or liquor bottles or cans in the vehicle.
The deputy asked defendant if he was alright numerous times before getting a response. When defendant finally spoke, the deputy detected a slight slur in his speech. The deputy asked defendant if he had been drinking, to which defendant responded "yes." When asked how much he had to drink, defendant replied "some." The deputy then asked defendant several times to step out of the car. Defendant failed to respond to the deputy's first request to get out of the car and answered "no" when the deputy asked him the second time. The third time he was asked, defendant replied "I'm not going anywhere with you." Defendant then started to put a key, which he was holding in his right hand, into the ignition. Before defendant could insert the key in the ignition, the deputy removed defendant from the car, handcuffed him, and told him he was under arrest for driving while impaired. During his search of the car, the deputy found a small bag of what appeared to be marijuana.
After the motion hearing, the trial court ruled there was insufficient evidence to arrest defendant and allowed defendant's motion to suppress in an order filed 21 November 1995. From this order, the State appeals.
McGEE, Judge.
On appeal, the State argues the deputy had probable cause to arrest the defendant and that exigent circumstances justified defendant's warrantless arrest. We agree and reverse the order of the trial court.
To be guilty of driving while impaired, a person must drive a vehicle upon a highway, street, or public vehicular area within this State while under the influence of an impairing substance or after having consumed sufficient alcohol to have a blood alcohol concentration of .08 or more at any relevant time after driving. N.C. Gen. Stat. § 20-138.1(a)(1993). The
Page 1 2 3 North Carolina DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|