 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Kibby6/4/2003
ller testified he saw appellant drive his van on the street at 4:30 or 4:45 p.m. on the day of the incident. Then the accident occurred. Shortly thereafter at 5:00 p.m. appellant failed a field sobriety test, appeared intoxicated to Officer Barry, and was arrested. A chemical test of her blood revealed a .16 blood alcohol level, a condition which would have required appellant to consume nine drinks. At the time Miller's testimony places appellant behind the wheel of his van, she would have been intoxicated. The jury believed Miller's version of what transpired and not appellant's. Thus, any error in admitting Bonnie's spontaneous statement is harmless.
III. DISPOSITION
The judgment of conviction is affirmed.
We concur:
Stein, J.
Margulies, J.
|