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State v. Mayrand2/19/2003
In February 2000, the Rhea County Grand Jury indicted the Defendant, Mary Jean Mayrand, for driving under the influence (DUI), possession of a Schedule III controlled substance with intent to sell or deliver, possession of a legend drug without a prescription, and violation of the implied consent law. Following a trial, a Rhea County jury found the Defendant guilty of first offense DUI. The trial court sentenced the Defendant to forty-eight hours' confinement, prohibited her from driving a motor vehicle in the State of Tennessee for one year, ordered her to perform one hundred hours of community service, and imposed a fine of $350. In this appeal as of right, the Defendant presents the following issues for our review: (1) whether sufficient evidence was presented to support the Defendant's conviction; (2) whether the trial court erred by denying the Defendant's challenge to one of the jurors during voir dire; (3) whether the trial court erred by denying the Defendant's pre-trial motion to dismiss the indictments; (4) whether the trial court erred by allowing the arresting officer to testify concerning the contents of an alcoholic drink; and (5) whether the Defendant's constitutional rights were violated when the State failed to provide the Defendant with a "legible" copy of a videotape taken of the Defendant at the Rhea County jail following her arrest. Having reviewed the record, we affirm the judgment of the trial court.
At the Defendant's trial, conducted on January 10, 2001, the following evidence was presented: Eugene Edward Lewis, an employee of the Rhea County Ambulance Service, testified that during the early morning hours of July 10, 1999, he and his partner were driving in an ambulance to the Rhea Medical Center to pick up a patient. Lewis recalled that it was a clear night and that the roads were dry. He stated that while driving on Highway 27, he and his partner noticed a Ford Crown Victoria weaving from the left side to the right side of the road, crossing both the yellow line in the center of the road and the white lines on the sides of the road. He stated that drivers of oncoming vehicles were flashing their headlights at the car. Lewis reported that he and his partner followed the car for a few miles and decided to contact the police when the vehicle almost struck a guardrail. He stated that they continued driving behind the car until a Tennessee state trooper arrived. Lewis recalled that the trooper pulled between the car and the ambulance and followed the car for a couple of miles before activating his emergency lights. Lewis stated that he saw the Crown Victoria pull off to the side of the highway, but he and his partner did not stop.
Phillip Dunn testified that he had been employed by the Tennessee Highway Patrol since1988 and stated that he had been a state trooper for ten years. He recalled that he was traveling northbound on Highway 27 in Rhea County during the early morning hours of July 10, 1999 when he heard over his police radio a conversation between an ambulance driver and Rhea County Central Dispatch about a possible drunk driver. Dunn stated that he responded to the call, passed the ambulance, and maneuvered his vehicle behind the vehicle that had been reported. He recalled that he followed the vehicle for some time and observed that it was "weaving from side to side." Dunn testified that he then activated his emergency lights, and the car pulled over into a parking lot. He stated that at the time he pulled the vehicle over, it was not raining, but it began to "mist or sprinkle" during the stop.
Dunn reported that he was not familiar with the driver of the car, but he recognized the passenger in the vehicle, whom he identified as "Mr. Denton."
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