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State v. Hight3/1/2002
Defendant was convicted of violating La. R.S. 14:98, Driving While Intoxicated, Third Offense and sentenced to eighteen months at hard labor, with all but six months suspended, the six months to be served without benefits. The defendant appeals his conviction, urging various errors in the trial court. For the reasons stated below, the conviction and sentence are affirmed.
Facts
During the early evening of April 3, 1998, Homer Police Department Officers Jim Faulkner ("Officer Faulkner") and Jimmy Hamilton ("Officer Hamilton") were dispatched to the scene of an accident which had occurred on Hwy. 79 in Homer. The vehicles had been moved off the highway, and into a parking lot next to Regions Bank. Officer Faulkner testified at trial that defendant, Johnny R. Hight ("Hight"), rear-ended the vehicle in front of him with his pick-up truck. During the course of investigating the accident, while Hight was looking for his driver's license and proof of insurance, Office Faulkner "smelled a strong odor of alcohol about [Hight's] person." When Hight opened the passenger side door of the truck, the officer saw several empty beer cans on the floorboard and again smelled a strong odor of alcohol. Officer Faulkner testified that while Hight was walking around his truck to the passenger side, he had to hold onto the vehicle to steady himself. Officer Faulkner described Hight as "excited" and his speech as "quick." At this point, Officer Faulkner suspected that Hight may be under the influence of alcohol and asked Hight if he would perform some field sobriety tests, to which Hight agreed.
Office Faulkner initiated three field sobriety tests. First, Hight attempted the "walk and turn" or "heel to toe" test. Officer Faulkner testified that Hight was unable to complete this test, because he could not walk heel-to-toe at any point during the test. Next, Officer Faulkner asked Hight to perform the "Horizontal Gaze Nystagmus" test, which Hight could not complete because he moved his entire head from side to side, instead of following the officer's pencil with his eyes. Additionally, Hight attempted the "one-leg" test, but could not complete it because instead of standing next to his vehicle unsupported, he had to use the truck for support. Officer Faulkner testified that since Hight failed all three field sobriety tests, and based on his demeanor, he suspected Hight was under the influence of alcohol and arrested him.
Officer Hamilton testified that he observed Officer Faulkner conduct the field sobriety tests, noticed a strong odor of alcohol on Hight and saw the beer cans in the truck, and also concluded that Hight was under the influence of alcohol. After Hight's arrest, Officer Hamilton advised him of his Miranda rights and transported him to the Sheriff's Office. Both officers testified that in their opinion, Hight was under the influence of alcohol when the traffic accident occurred.
Regarding the two prior DWI convictions, the State offered a transcript of Hight's first offense DWI, to which he pled guilty in Minden City Court on August 15, 1994. Next, the State introduced a transcript of Hight's second offense DWI, to which he pled guilty in the Second Judicial District Court on August 1, 1995. During the trial, both officers testified that Hight had disclosed his date of birth, and that they had obtained Hight's social security number from Hight's driver's license. Hight's driver's license indicated that Hight was six feet tall and weighed 220 pounds. At the State's request, the trial court took judicial notice that the defendant was a white male. The evidence of Hight's birth, social security number, size, and race was used to identify the two DWI offenses as his pr
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