 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Helm9/21/1981
JUSTICE DUBOFSKY delivered the Opinion of the Court.
The People bring an interlocutory appeal under C.A.R. 4.1 from an order of the county court, affirmed by the district court, suppressing the results of a roadside sobriety test and a blood alcohol test in the prosecution of the defendant, Manford Frank Helm, for drunk driving . The lower courts suppressed the test results primarily because the defendant was not forewarned that he could refuse to take the roadside sobriety test. We reverse the lower courts' rulings.
On April 23, 1980, a Glenwood Springs police officer, responding to a report of a hit-and-run accident involving a red Cadillac and a motorcycle, found both vehicles at the Hot Springs Lodge, about a quarter mile from the scene of the accident. While the officer was examining damage to the motorcycle, the defendant, the driver of the Cadillac, approached the officer and denied involvement in the accident. The officer noted that the defendant had an odor of liquor on his breath, unsteady balance, and thick, slurred speech.
The officer apprised the defendant of his grounds for believing that he had been driving under the influence of intoxicating liquor and asked him to take a roadside sobriety test. The defendant responded, "No problem." In the course of the test, the officer observed that the defendant could not walk a straight line, turn without staggering, touch the tip of his nose, or recite the alphabet. The officer then arrested the defendant for driving under the influence of intoxicating liquor, section 42-4-1202(1)(a), C.R.S. 1973, and leaving the scene of an accident, section 42-4-1406(1), C.R.S. 1973, and took him to the police station.
Before administering a blood alcohol test, the officer gave the defendant the advisement required by the implied consent law, section 42-4-1202(3)(b), C.R.S. 1973. The advisement stated that the circumstances which led the officer to believe that the defendant was under the influence of alcohol were:
"1.) The vehicle you were driving was involved in an accident which left the scene.
2.) You have a odor of alcohol on your person.
3.) You were unable to pass my Roadside Sobriety Test."
After receiving the implied consent advisement, the defendant agreed to take a breathalyzer test. The officer testified that the defendant appeared to be "extremely intoxicated" and had difficulty following instructions. The test results showed a blood alcohol weight of 0.14 percent.
The defendant moved to suppress the results of the roadside sobriety test, alleging that it violated his Fourth Amendment rights. He also moved to suppress the results of the breathalyzer test, arguing that the exclusion of roadside sobriety test results would leave the officer without sufficient grounds for having invoked the implied consent law. The county court found that the People had failed to meet their burden of showing that the defendant's decision to take the roadside sobriety test was knowing and intelligent, and granted the defendant's motions. The court relied on People v. Ramirez, 199 Colo. 367, 609 P.2d 616 (1980), which suggests that a defendant must voluntarily consent to a roadside sobriety test, and Phillips v. People, 170 Colo. 520, 462 P.2d 594 (1969), which held that knowledge that one may properly refuse to consent to a warrantless search is a prerequisite to a voluntary consent. Although the court listed the defendant's ignorance that he could refuse to submit to the test as its major reason f
Page 1 2 3 4 5 6 7 8 Colorado DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|