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State v. Cavanaugh12/6/1993
Opinion
Defendant appeals his conviction for driving while under the influence of intoxicating liquor contrary to NMSA 1978, Section 66-8-102 (Cum.Supp.1993) and resisting, evading, or obstructing an officer contrary to NMSA 1978, Section 30-22-1(B) (Repl.Pamp.1984). Defendant argues that (1) he was given inadequate notice of the charges against him, (2) statements made by him to the arresting officer should have been suppressed, (3) there was insufficient evidence to support his conviction, (4) the trial Judge erred in refusing
a tendered jury instruction, (5) the trial Judge erred in denying his request to poll the jury about an alternative jury instruction, and (6) cumulative error deprived him of a fair trial. We affirm as to all issues.
FACTS
Defendant was a passenger in a car owned and driven by Mr. Layne McGinty. McGinty's car was pulled over by Officer Terry Gallagher on suspicion of drunk driving . When McGinty failed a field sobriety test, Officer Gallagher asked Defendant and the other passengers in the car whether any of them had been drinking. Officer Gallagher testified that he did not ask this question for the purpose of issuing a citation, but rather to determine if anyone could drive the car home for McGinty. Defendant said that he had not been drinking. Upon smelling liquor on Defendant's breath, Officer Gallagher asked Defendant again if he had been drinking. Defendant then answered that he had had two beers that night. Officer Gallagher gave Defendant a field sobriety test, from which Officer Gallagher concluded that Defendant was not capable of driving. While Officer Gallagher radioed for backup, Defendant got behind the wheel of McGinty's car, sped off, and led Officer Gallagher and another officer, Officer Terry Colwell, on a high-speed chase. After his arrest, a blood alcohol content (BAC) test was given to Defendant, the results of which showed his BAC to be above the legal limit for driving.
ADEQUACY OF NOTICE OF THE OFFENSE CHARGED
Defendant argues that he was given inadequate notice as to the charge of driving while under the influence of intoxicating liquor. Relying on ), cert. denied, 86 N.M. 189, 521 P.2d 1030 (1974), Defendant contends that he was given insufficient notice because of the use of the acronym "DWI" in the charging documents. In Raley, we held that a criminal complaint for driving under the influence of intoxicating liquor requires a more specific description of the offense than simply "DWI" because those initials standing alone could mean driving either while under the influence of alcohol or while under the influence of drugs. Id. at 192, 521 P.2d at 1033. In the instant case, however, the criminal complaint stated as an essential fact that defendant was arrested after "driving under the influence of alcohol." Even if Raley is still good law, we hold that this provided Defendant with adequate notice of the charges against him.
STATEMENTS MADE BY DEFENDANT TO OFFICER GALLAGHER
Defendant argues that the trial court should have suppressed his statements to Officer Gallagher regarding his drinking because they were involuntary and because they were made prior to his being given warnings pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). In reviewing this issue, we consider "whether the law was correctly applied to the facts, viewing them in a manner most favorable to the prevailing party; all reasonable inferences in support of the court's decision will be
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