 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Butler3/18/2002
On March 18, 2000, Deputy Dan Owen was off duty and working as a security guard for a Wal-Mart store in Jackson, Tennessee when a customer informed him that there was a man who appeared to be intoxicated wandering around the parking lot. Deputy Owen confronted the Defendant in the parking lot approximately fifty feet from the Wal-Mart entrance. The Defendant was carrying a spark plug wrench and a spark plug and informed Deputy Owen that he had driven to the store to get a part for his motorcycle. Deputy Owen observed a bottle protruding from the Defendant's jacket pocket and detected a strong odor of alcohol on the Defendant. Deputy Owen testified that the Defendant appeared to be intoxicated.
Deputy Owen had the Defendant attempt four field-sobriety tests, and, based upon his observations and the half empty bottle of tequila in the Defendant's possession, placed him under arrest for driving under the influence of an intoxicant. Deputies Ashley Johnson and Tommy Ferguson transported the Defendant to the police station and administered a breathalyzer test. The Defendant's breath alcohol concentration was determined to be .19%. Deputies Johnson and Ferguson both testified that the Defendant was unsteady on his feet, had slurred speech, and appeared to be intoxicated.
The Defendant contended at trial that on March 18 he left his wife's home on his motorcycle to get something to eat at the Wal-Mart store. He had a bottle of tequila in his pocket, but had not taken a drink from the bottle. The Defendant stated that his motorcycle broke down as he arrived at Wal-Mart. The Defendant entered the store and began shopping. To seek relief from the pain of a toothache, the Defendant then began drinking from the bottle of tequila. Eventually, the Defendant decided to retrieve a sparkplug from his motorcycle in hopes of matching it to one in the store and getting his motorcycle in working order. After retrieving the sparkplug, the Defendant was approached by Deputy Owen. The Defendant maintained that he did not drive while intoxicated, but became intoxicated while shopping at Wal-Mart.
Mr. Carroll Henderson testified for the Defendant and stated that his employer , Gene's Tire and Wrecker, towed the Defendant's motorcycle from Wal-Mart. Mr. Henderson stated that when the Defendant came to retrieve the motorcycle, it was inoperable due to a missing sparkplug and "flooding" in the engine. After flushing out the engine and replacing the sparkplug, the Defendant was able to drive the motorcycle home.
The jury convicted the Defendant of counts one and two, and, then, heard evidence of the Defendants three previous D.U.I convictions. The jury then convicted the Defendant of driving under the influence , fourth offense.
SUFFICIENCY
The Defendant first contends that the State did not prove beyond a reasonable doubt that he was in control of a motor vehicle while intoxicated. Tennessee Rule of Appellate Procedure 13(e) prescribes that " indings of guilt in criminal actions whether by the trial court or jury shall be set aside if the evidence is insufficient to support the findings by the trier of fact of guilt beyond a reasonable doubt." Evidence is sufficient if, after reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 319 (1979); State v. Smith, 24 S.W.3d 274, 278 (Tenn. 2000). In addition, because conviction by a trier of fact destroys the presumption of innocence and imposes a presumption of guilt, a convicted criminal defendant bears the burden of showing that the evidence was insufficie
Page 1 2 3 4 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|