 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Knighton1/4/1999
Appeal From Orangeburg County Daniel E. Martin, Sr., Judge
Heard November 5, 1998
AFFIRMED
Appellant, Benny E. Knighton, was convicted of driving under the influence , second offense. He appeals. We affirm.
FACTUAL/PROCEDURAL BACKGROUND
In the early morning hours of April 7, 1996, while returning to his home in Charleston after a trip to Greenwood, appellant was stopped on I-26 by Trooper Nicholas King. A private citizen traveling on I-26 witnessed Knighton backing up in the emergency lane on the interstate near Columbia, after Knighton missed the Charleston exit. After observing Knighton speeding, weaving, and nearly hitting a concrete median, the citizen called the highway patrol to report an erratic driver. Trooper King responded to the call and stopped Knighton after he observed him weaving between lanes and his tire crossing over the shoulder of the road. As the trooper approached Knighton's car, he immediately smelled the odor of beer. The trooper asked him if he had anything to drink and Knighton responded he had drunk four beers and a small bottle of whiskey. After failing several field sobriety tests, the trooper placed Knighton under arrest for driving under the influence .
Trooper King transported Knighton to the Orangeburg County Law Complex where Knighton was offered a breathalyzer test. Before the test was performed, Knighton asked to speak with his attorney, and was assisted in reaching his attorney on the phone. Thereafter, Trooper Billy Jackson administered the breathalyzer test, which indicated Knighton had a blood alcohol content of .13 percent.
After the breathalyzer test was completed, Knighton stated he wanted a blood test. Officer Jackson placed a phone call to the Orangeburg County Hospital. Upon speaking with the appropriate people at the hospital, Officer Jackson was informed the hospital required a family doctor to order the blood test and that the test would cost $52.00. Mr. Knighton then spoke with the hospital personnel, who informed him of the requirement of a family doctor order and the $52.00 cost. Knighton told the officers the cost of the test. Trooper King, having patted Knighton down at the arrest, knew Knighton had some loose bills in his pocket and told him to check his front pocket for money. Knighton pulled out the money and counted $6.52. Knighton also informed the officers he did not have a family doctor.
Prior to trial, Knighton made a motion to suppress the breathalyzer test results, arguing he was denied affirmative assistance in obtaining a blood test. The court held an in camera hearing on the matter. Knighton testified that, because he didn't have the money or a family doctor to order the test, the troopers told him they were not going to take him to get a blood test. He claimed he "kept requesting" a blood test and he informed the troopers he knew a doctor he could call and that he could get the money from his boss, who lived in Orangeburg, but the troopers refused to let him make the calls. Trooper King, on the other hand, testified that Knighton was not denied access to the phone, that he was allowed to call his attorney and the hospital, and that he could have made any phone calls that he wanted to make. Both Troopers King and Jackson testified, after Knighton found out he needed $52.00 and a family doctor's order for the test, he simply dropped the subject. They further testified they would have taken him to the hospital for the test if he still wanted to go.
The trial Judge found Knighton was not denied the right to have an independent blood test taken. He found the law enforcement officers were available and did offer to aide Knighton in his
Page 1 2 3 4 5 6 South Carolina DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|