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City of College Place v. Staudenmaier3/28/2002
Concurring: Frank L. Kurtz, Stephen M. Brown.
The primary questions in this driving under the influence prosecution is first whether the officer had probable cause to arrest Jeffrey D. Staudenmaier given the arguably equivocal results of the physical tests. There is ample evidence here to support the trial court's findings that Mr. Staudenmaier appeared to the officer to have been drinking and that he failed a number of physical tests. Those findings amply support the conclusion, probable cause. The second question is whether limitations on a defendant's freedom to leave, short of a full-blown custodial arrest, amount to custody such that Miranda warnings are required. They do not. And so we affirm the trial court's judgment of conviction here.
FACTS
Officer Tony Locati of the City of College Place Police Department clocked Jeffrey Staudenmaier driving 37 mph in a 25-mph zone. Officer Locati stopped Mr. Staudenmaier. Mr. Staudenmaier appropriately and smoothly stopped his car.
Officer Locati approached Mr. Staudenmaier. And as he did he smelled a strong odor of alcohol on his breath. Mr. Staudenmaier's eyes were also watery and bloodshot. Officer Locati asked if he had been drinking. Mr. Staudenmaier said he had had five or six beers. Officer Locati then directed Mr. Staudenmaier to perform some field sobriety tests.
Mr. Staudenmaier performed four tests--the balance test, the finger-to-nose test, the one-leg-stand test, and the walk-and-turn test. Mr. Staudenmaier passed the balance test but failed the finger-to-nose test. He put his finger on his upper lip and swayed two to three inches during the test. Officer Locati made Mr. Staudenmaier perform the one-leg-stand test twice. The first time he used his arms for balance. The next time he leaned to one side and put his foot down for balance. Mr. Staudenmaier failed to touch heel-to-toe on several steps during the walk-and-turn test.
A backup officer then asked Mr. Staudenmaier, out of Officer Locati's presence, whether he felt affected by what he had drank. Mr. Staudenmaier responded, 'a little bit but not much.' Report of Proceedings (July 1, 1998) (RPII) at 154. Officer Locati arrested Mr. Staudenmaier for driving under the influence (DUI). Mr. Staudenmaier later took a breath test that registered his breath alcohol concentration at 0.137 and 0.129.
Mr. Staudenmaier moved to dismiss. He argued that Officer Locati lacked probable cause to arrest him for DUI. He also moved to suppress his statement to the backup officer that he felt affected by alcohol. The municipal court judge denied his motions. The jury convicted Mr. Staudenmaier of DUI.
He appealed to superior court. The court affirmed his conviction without oral argument. Later, the court denied Mr. Staudenmaier's motion for reconsideration. Mr. Staudenmaier sought and we granted discretionary review.
REFUSAL TO ALLOW ORAL ARGUMENT
The superior court judge decided the appeal on the briefs and refused to hear oral argument. RALJ 8.3 states that each party shall receive 10 minutes for oral argument. Mr. Staudenmaier contends that shall means shall. It is mandatory.
We review the application of court rules de novo. State v. Gilman, 105 Wn. App. 366, 368, 19 P.3d 1116, review denied, 144 Wn.2d 1011 (2001).
Mr. Staudenmaier relies entirely on the language of RALJ 8.3:
Each side shall be allowed 10 minutes for oral argument, or longer if ordered by the superior court. The first party to file a notice of appeal is entitled to open and conclude oral argument, unless otherwise ordered by the court.
We reject his as
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