 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Price v. State8/3/1999
DATE OF JUDGMENT: 12/22/1997
TRIAL JUDGE: HON. ROBERT WALTER BAILEY
COURT FROM WHICH APPEALED: LAUDERDALE COUNTY CIRCUIT COURT
BY: DEWITT T. ALLRED III
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: 12/22/1997: FELONY DUI, THIRD OR GREATER OFFENSE: SENTENCED TO SERVE A TERM OF 5 YRS IN THE CUSTODY OF THE MDOC & PAY A FINE OF $2,000, APPEARANCE BOND FEE OF $50 & COURT COSTS OF $246; DEFENDANT SHALL PARTICIPATE & SUCCESSFULLY COMPLETE ALCOHOL TREATMENT AND REHABILITATION PROVIDED BY MDOC
DISPOSITION: AFFIRMED - 08/03/99
. Robert L. Price was indicted in the Circuit Court of Lauderdale County on or about March 21, 1997 on a charge of felony DUI. On December 1, 1997, Price's motion for a bifurcated trial was granted and the matter was set for trial on the charge of driving under the influence only. On December 2, 1997, a jury found Price guilty on the principal charge of DUI. At a separate hearing conducted on December 22, 1997, the trial Judge found that Price had been twice convicted of the offense of driving under the influence of alcohol within the past five years within the meaning of Miss. Code Ann. Section 63-11-30 (2) (Rev. 1996), and was therefore guilty of the offense of felony DUI, third or greater offense, and subject to sentencing as provided in Miss. Code Ann. Section 63-11-30 (2)(c) (Rev. 1996). He then sentenced Price to serve a term of five years in the custody of the Mississippi Department of Corrections and to pay a fine of $2,000, an appearance bond fee of $50 and court costs of $246. Price was further ordered to report to the Lauderdale County Circuit Court within thirty days of release to arrange for payment of court assessments or risk contempt of court. Lastly, Price was ordered to actively participate in and successfully complete the program of alcohol treatment and rehabilitation provided by Mississippi Department of Corrections. This appeal is taken from that judgment with the following issues, taken verbatim from Price's brief, assigned as error:
ISSUES
I. WHETHER THE DEFENDANT WAS ARRESTED WITHOUT PROBABLE CAUSE WHEN THE OFFICER STOPPED HIM AFTER FAILURE TO DIM BRIGHT HEADLIGHT BEFORE DARK AND ALL EVIDENCE ACQUIRED THEREAFTER SHOULD BE SUPPRESSED AND UNDER THE TOTALITY OF THE CIRCUMSTANCES THERE WAS NO PROBABLE CAUSE.
II. WHETHER DEFENDANT WAS DENIED A FAIR TRIAL BY JURY BECAUSE THE JURY WAS INSTRUCTED ON IMPLIED CONSENT, THE DEFENDANT DID NOT TESTIFY AND HIS SILENCE WAS THE SUBJECT OF INSINUATION AT CLOSING ARGUMENT BY THE STATE.
III. WHETHER THE COURT MADE IMPROPER COMMENT AND EMPHASIS ON THE EVIDENCE OF REFUSAL TO TAKE THE INTOXILYZER WHEN IT GAVE AN INSTRUCTION ON THE IMPLIED CONSENT LAW.
IV. WHETHER TESTIMONY ELICITED BY THE STATE OF OTHER CRIMES DENIED DEFENDANT A FAIR TRIAL AND DUE PROCESS OF LAW.
V. WHETHER THE DEFENDANT WAS DENIED A FAIR TRIAL BY THE INTRODUCTION OF THE RESULT OF THE ALCOSENSOR FIELD TEST FOR ALCOHOL.
VI. WHETHER THE EVIDENCE OF DRIVING UNDER THE INFLUENCE WAS SUFFICIENT TO SUPPORT THE VERDICT.
FACTS
. Lauderdale County Deputy Sheriff Frankie Springer was performing routine patrol duty on A. C. Brown Road on the evening of September 20, 1996, when he met a pickup truck being driven by Robert L. Price. According to Springer, the headlights on the pickup were on high beam, and the driver failed to dim the lights to oncoming traffic. Consequently, Deputy Springer turned his patrol car around and followed the pickup when the driver made a left turn off A. C. Brown Road onto Blizzard Road. Springer testified that he
Page 1 2 3 4 5 6 Mississippi DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|