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State v. Martin1/2/2003
On August 24, 1998, at approximately 9:00 p.m., Officer B. E. Copley, a member of the DUI Squad of the Memphis Police Department, conducted a stop of the defendant's vehicle in the area of Winchester Road and Knight Road in Shelby County. Officer Copley testified he stopped the defendant for failing to wear a seat belt and for drifting over the lane line once while rounding a curve in the road.
Officer Copley testified that when he approached the defendant, he noticed that the defendant's eyes were "watery" and "blood-shot." The police officer also stated he smelled alcohol on the defendant's breath, and his speech was slurred. Officer Copley then activated a videotape recorder and administered a series of field sobriety tests on the defendant. The defendant informed Officer Copley that he drank five or six beers at a bar.
The defendant performed a one-leg stand test and a heel-to-toe test. During the one-leg stand test, the defendant put his foot down on several occasions and used his arms to balance. Officer Copley testified the defendant performed "very, very poorly" on this test. During the heel-to-toe test, the defendant stepped out of position, used his arms to balance himself, and failed to touch heel-to-toe once. Officer Copley stated the defendant also failed to properly perform a turn.
After completing the field sobriety tests, the officer opined the defendant was too impaired to drive. The defendant then agreed to submit to a breath alcohol test. The test indicated the defendant had a blood alcohol level of .14%. Officer Copley then placed the defendant under arrest.
At trial, the defendant testified that on August 24, 1998, he went to a bar after work at approximately 7:50 p.m. and drank five beers. He then drove to a convenience store located across the same parking lot and purchased cigarettes. The defendant stated that after leaving the convenience store and upon entering his vehicle, he fastened his seat belt.
The defendant testified that when he saw the police officer's blue lights, he immediately pulled to the side of the road and activated his flashers. He unfastened his seat belt and exited his vehicle. After the defendant admitted to Officer Copley that he had been drinking, the officer asked him to perform a series of field sobriety tests. The defendant testified that a previous knee injury prevented him from successfully completing the tests. The defendant stated he was not too impaired to drive.
A Shelby county jury convicted the defendant of DUI by impairment and DUI per se. See Tenn. Code Ann. § 55-10-401(a)(1), (2). The trial court merged the DUI per se conviction into the DUI by impairment conviction and sentenced the defendant to eleven months and twenty-nine days, with thirty days in the county workhouse followed by probation.
I. THE VEHICLE STOP
The defendant contends the initial stop was constitutionally invalid. We disagree.
A. Motion to Suppress
Unless the evidence preponderates against them, the trial court's findings of fact in a suppression hearing will be upheld on appeal. State v. Odom, 928 S.W.2d 18, 23 (Tenn. 1996). If the issue involves an application of law to undisputed facts, the appellate courts conduct a de novo review as to the question of law. State v. Troxell, 78 S.W.3d 866, 870 (Tenn. 2002).
During the suppression hearing, Officer Copley testified that on August 24, 1998, he parked his patrol car north on Knight Road, south of Winchester Road. According to his testimony, the area was well-lit with street lights and lights from surrounding businesses. Officer Copley stated he saw the defendant drive his vehi
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