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State v. Eaton10/25/1999
The defendant, David B. Eaton, was indicted for driving under the influence , reckless driving, and leaving the scene of an accident. He was convicted only for leaving the scene of an accident. Tenn. Code Ann. § 55-10-101. The trial court imposed a sentence of eleven months and twenty-nine days in the Shelby County Workhouse with ninety days to be served and the remainder suspended upon the defendant being placed upon supervised probation for eleven months and twenty-nine days. The defendant was also fined $1,000.
The sole issue on appeal is whether the evidence is sufficient to support the conviction. We conclude that it is.
On June 1, 1996, Aline Turner was stopped at a traffic light in Memphis when her vehicle was struck from the rear by a black Peugeot driven by the defendant. According to Ms. Turner, the defendant got out of his automobile and approached the driver's side of her vehicle. When asked if she was all right, she responded that she was not. The defendant then returned to his vehicle and drove away.
Memphis police officer John Bynum Cobb, III, who was on routine patrol duty in the vicinity, witnessed the collision. Officer Cobb testified at trial that he saw a black Peugeot strike the rear of Ms. Turner's vehicle and observed the defendant get out of the car and walk towards Ms. Turner's vehicle. According to Officer Cobb the defendant then turned, looked in the direction of the squad car, and drove away.
Officer Cobb and his partner, Joe Newborn, pursued the defendant. The officers had the blue lights of the squad car flashing and the siren on in an effort to bring him to a halt. The defendant did not heed requests to pull over but was finally apprehended when traffic congestion blocked his path. Officers asked him to turn off his ignition and had to repeat this request several times before the defendant complied. The officers observed that the defendant had difficulty getting his keys out of the ignition and putting them in his pocket. In addition, the officer had to ask the defendant several times to step outside of his car. There was a delay of twenty to thirty seconds. Officers Cobb and Newborn testified that the defendant's speech was slurred, his eyes were bloodshot, and he smelled of alcohol. When Officer Cobb asked the defendant if he had been drinking, both he and Officer Newborn heard the defendant admit to drinking Jack Daniels.
Russell E. Young, a DUI technician with the Memphis Police Department, observed the defendant at the scene and testified that he believed the defendant was under the influence of some substance other than alcohol. He asked the defendant about any medication he was taking and the defendant replied that he was taking medication for depression. When Officer Young also asked permission to administer a breathalyzer test, the defendant initially consented but later withdrew consent.
Dr. John Purvis Milnor, III, M.D., who appeared as a witness for the defense, testified that the defendant was suffering from hypoglycemia at the time of his arrest. He further explained that during a hypoglycemic episode a person would have slurred speech and lack the ability to concentrate. According to Dr. Milnor's testimony, a person could function in such a state but would only be able to do routine tasks. Dr. Milnor likened the state to sleepwalking and said it could take the appearance of a stupor.
The defendant testified that he had been under the care of a doctor since June 1, 1996, for the purpose of treating heart palpitations and had just begun taking medication. He further testified that after getting in his car he began to perspire a lot as if he had the flu. He claimed that he c
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