 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
City of Sun Prairie v. Rodenkirch1/30/2003
. Lance A. Rodenkirch appeals an order of the circuit court convicting him of operating a motor vehicle while under the influence of intoxicants, in violation of a City of Sun Prairie ordinance adopting Wis. Stat. § 346.63(1)(a). Rodenkirch argues that (1) the evidence was insufficient to sustain his conviction and (2) expert testimony expressing the opinion that persons with a blood or breath alcohol content (BAC) greater than .08 are unfit to drive was erroneously admitted. We disagree and affirm.
Background
. On the evening of July 13, 2001, James Perkins heard car tires screeching outside his house. Perkins looked out his bedroom window and observed a car go through a stop sign without stopping, proceed through the intersection into a ditch, and come to rest in a cornfield. Rodenkirch was the driver of the car. Perkins went outside and observed substantial front-end damage to the car, including leaking fluids. Perkins advised Rodenkirch not to drive, but Rodenkirch appeared anxious and he drove away.
. Two officers responded to a report of the accident. En route to the scene, the officers observed Rodenkirch pushing his car off the side of the road. When the officers pulled up behind Rodenkirch's car, Rodenkirch reentered the driver's seat. One of the officers asked Rodenkirch to step out of his car. Rodenkirch complied and walked to the back of the car. One of the officers observed that Rodenkirch had an unsteady gait. In addition, as Rodenkirch walked alongside the vehicle, he placed his hand on the vehicle. When he arrived at the back of the car, Rodenkirch leaned against the back of the car while talking with the officer. Rodenkirch's speech was slurred and his eyes were bloodshot and watery. One officer detected an odor of intoxicants on Rodenkirch's breath, and Rodenkirch admitted he had been drinking beer earlier.
. One of the officers administered three field sobriety tests to Rodenkirch. Rodenkirch's performance on the horizontal gaze nystagmus test suggested that he was intoxicated. Next, Rodenkirch counted to ten, but paused for about two seconds between the numbers six and seven. In addition, Rodenkirch recited the alphabet, but skipped the letters J and N. Rodenkirch refused to perform two other field sobriety tests, the one-leg-stand test and the walk-and-turn test, stating that he was physically unable to perform them due to a back surgery he had several years earlier. The officers arrested Rodenkirch for driving while under the influence of intoxicants. The parties stipulated that Rodenkirch had a BAC of .09%.
. At a bench trial, a prosecution expert testified that, to a reasonable degree of scientific certainty, "persons that have blood or breath alcohol concentrations exceeding .08 are unfit and unable to safely operate a motor vehicle." Rodenkirch's fiancée and one of his friends, both of whom had seen him on the night of the accident, testified that Rodenkirch was not drunk. In addition, Rodenkirch's friend testified that the intersection at the scene of the accident was confusing, and Rodenkirch's fiancée testified that Rodenkirch was unfamiliar with that intersection. The parties stipulated that Rodenkirch was speeding prior to failing to stop at the stop sign. The trial court convicted Rodenkirch of driving while under the influence of an intoxicant.
Discussion
Sufficiency of the Evidence
. In order to convict Rodenkirch, the City had to present evidence that Rodenkirch was driving while under the influence of an intoxicant. "What must be established is that the person has consumed a sufficient amount of alcohol to cause the person to be less able to exercise the clear judgmen
Page 1 2 3 Wisconsin DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|