 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Lee11/28/1995
GARBARINO, Judge
The State appeals the trial court's order suppressing the results of field sobriety tests and evidence of the refusal by Marilyn Lee (defendant) to take an intoxilyzer test. According to the State, the arresting officer was not required to give postarrest Miranda warnings to defendant prior to requesting that she perform field sobriety tests or prior to requesting that she submit to an intoxilyzer test. We affirm the trial court's suppression of any post-arrest statements. However, we decline to address the admissibility of defendant's pre-arrest statements because that issue was neither argued to nor decided by the trial court. Finally, because we find that field sobriety and intoxilyzer tests are nontestimonial in nature, we vacate the trial court's order suppressing evidence of the field sobriety tests and the refusal to take the intoxilyzer test.
FACTS AND PROCEDURAL HISTORY
Officer Gerald Scott Van Winkle of the Snowflake-Taylor Police Department responded to an accident call and found an injured man lying in the road receiving aid from a paramedic. The officer assisted the paramedic until more help arrived. An unoccupied truck was parked in the middle of the road, and the officer asked who had been driving. Defendant, the injured man's wife, told Officer Van Winkle she was the driver, and he asked her to move the truck to the side of the road and wait for him.
When the officer interviewed defendant at the accident scene, he smelled a strong odor of intoxicating beverage on her person and breath. Officer Van Winkle asked defendant for her driver's license but she stated that she had left it at home. The officer then requested a computer check on the status of defendant's driving privileges. While awaiting a response, he asked defendant several questions, and she admitted driving the truck, arguing with her husband, consuming three beers, and knowing that she should not have been driving. After several minutes, the dispatcher reported that defendant's license was suspended. Defendant was arrested for driving on a suspended license, transported to the police station, and placed in a holding cell.
At the station, the officer asked defendant to submit to field sobriety tests. She first stated that she did not think she could pass; however, she agreed to try to take the tests when he asked again later. Using forms produced by the Arizona Department of Public Safety, Officer Van Winkle administered the tests but failed to read the Miranda warnings that were printed at the bottom of the test forms. After the last of five tests, the officer made the determination to arrest defendant for driving under the influence . The officer then asked defendant to submit to an intoxilyzer test, warning her of the civil penalties if she refused; defendant did refuse. Officer Van Winkle never gave Miranda warnings to defendant.
The State charged defendant with two counts of aggravated driving, both class 4 felonies. Defendant moved for suppression of evidence and, following a hearing on that motion, the trial court issued a minute entry stating in part:
After being placed under arrest, by Officer Van Winkle and transported to the Police Station, defendant made statements and performed certain tests (Field Sobriety Tests). The Officer never gave the defendant any "Miranda" warnings prior to the statements and/or tests, nor at any time. Further, it does not appear that the police investigation would have been impeded by a telephone call to counsel. IT IS THEREFORE ORDERED:
All statements made by defendant are suppressed;
All test results are suppressed;
and the State may not comment
Page 1 2 3 4 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|