 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Lanford v. People1/10/1966
This is a case of first impression in Colorado as to certain aspects of alleged compulsory self-incrimination.
Plaintiff in error, hereinafter referred to either as the defendant or by name, was convicted on November 7, 1963 in the Superior Court of the City and County of Denver of the charge of driving while under the influence of intoxicating liquor in violation of C.R.S. '53, 13-4-30. Subsequent to the trial court's denial of the defendant's combined motion for a judgment of acquittal and new trial, a sentence of 30 days in jail and a fine of $200 plus costs was imposed.
The defendant asserts several grounds as error, which we tabulate as follows, viz:
(1) As a matter of law, the evidence was insufficient to present the case to the jury;
(2) A motion picture of the defendant subsequent to his arrest should not have been admitted since it was taken without his consent;
(3) The introduction of the motion picture violated the defendant's constitutional right against self-incrimination because it showed him refusing to submit to certain coordination tests;
(4) The introduction of testimony that charges of police brutality were made by the defendant constituted prejudicial error; and,
(5) The court's Instruction No. 7 on intoxication was erroneous.
An examination of the record and evidence presented
indicates that the first and fourth grounds asserted are without merit.
The second and third grounds of error arise out of the following facts. Shortly after Lanford's arrest, a sound motion picture film was taken at the police station showing him being questioned by Officer Gray. There is evidence in the record that the defendant was not cooperative when the film was being taken and refused to take designated coordination tests. Error is assigned with regard to the admission of the film in evidence on the theory that since the movie was taken without Lanford's consent, it was inadmissible; further, that it resulted in violating his constitutional rights against self-incrimination under Article II, Section 18 of the Colorado Constitution and the Fifth Amendment of the United States Constitution.
At a trial conference called to challenge the admissibility of the film, the court first agreed with counsel that the film would be admitted without the sound, but it later ruled that it could be run with that portion of the sound track which showed the requests to defendant to take the tests and his refusal. We note, after viewing the film, that his refusal showed his slurred speech as well as his general demeanor. Prior to the actual showing of the film, Lanford's counsel objected "to any portions of the sound being used in certain portions of * * * this movie." He had, however, previously stated that he had no objection to the showing of the film itself; still later he protested the "admissibility of the movie based upon the objections made in the pretrial conference," i.e., on the ground of self-incrimination. Once the trial court decided to admit the film and part of the sound track, no request was made by defendant's counsel for any limiting instruction, either at the time of showing the film or at the conclusion of the trial.
Generally speaking, the law governing the admissibility of photographs applies to motion pictures;
that is to say they must be relevant to the issues and be properly authenticated before they may be introduced. 23 C.J.S. Criminal Law § 852(1)d.
Page 1 2 3 4 Colorado DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|