 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Brown v. State3/16/1999
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable Robert W. Holmstrom, Judge presiding.
Submitted on Briefs: July 23, 1998
. Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent but shall be filed as a public document with the Clerk of the Supreme Court and shall be reported by case title, Supreme Court cause number and result to the State Reporter Publishing Company and to West Group in the quarterly table of noncitable cases issued by this Court.
. William Richard Brown (Brown) appeals from the Findings of Fact, Conclusions of Law and Order of the Thirteenth Judicial District Court, Yellowstone County, dismissing his petition to reinstate his driving privileges which were suspended pursuant to § 61-8-402, MCA, because Brown refused to take an alcohol breath test. We affirm.
. Brown raises two issues on appeal, which we restate as follows:
. "1. Did the District Court err in finding that Brown indicated his refusal to take a breath test by shaking his head in a negative manner?"
. "2. Did the District Court err in ruling that Brown made an informed refusal to submit to a breath test?"
Factual and Procedural Background
. On October 13, 1996, at approximately 12:41 a.m., Montana Highway Patrol Officer Steven Corson (Corson) was patrolling eastbound on Highway 312 near Huntley, Montana. Corson testified at the hearing on this matter that he saw Brown driving in the westbound lane and that Brown appeared to be traveling faster than the 55 miles-per-hour speed limit. Corson testified that he turned on his radar unit and clocked Brown at 72 miles per hour. As a result, Corson activated his top lights and pursued Brown. Corson stated that Brown drove approximately one-half mile before he pulled over and came to a stop.
. Corson stated that he walked to the driver's window and asked Brown for his driver's license, registration, and proof of insurance card. Corson testified that Brown smelled of alcohol and appeared to be intoxicated. Corson also noticed that Brown's speech was slurred. Consequently, Corson asked Brown to get out of his car and walk to Corson's patrol car. Corson stated that Brown was "unsteady on his feet" as he walked to the patrol car.
. After Brown sat down inside the patrol car, Corson testified that he administered the horizontal gaze nystagmus test (HGN test). Corson testified that Brown failed the HGN test. Corson testified that he also asked Brown to recite the alphabet. Corson stated that Brown's speech was slurred as he recited the letters and that Brown could not recite the entire alphabet. Because Corson believed that Brown was drunk, Corson arrested Brown and transported him to the Yellowstone County Detention Facility (YCDF).
. Corson then accompanied Brown to the YCDF's DUI processing area. Corson testified that they arrived at the DUI processing area but that, despite Corson's requests, Brown refused to enter the Montana Highway Patrol's DUI processing room to be filmed.
. Corson testified that he did not want a confrontation with Brown and therefore decided against forcing Brown into the processing room. Instead, Corson decided to start the DUI process as if Brown had entered the room. Corson started the video camera in the processing room and taped himself reading an advisory form which explained that Brown was arrested for driving under the influence of alcohol and the consequences of refusing to take a breath test. Corson testified that when he read the
Page 1 2 3 4 5 Montana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|