 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Johnson v. Maryland4/2/1993
Opinion BY DAVIS, J.
This is an appeal from a pre-trial order denying a Motion to Dismiss on the ground of double jeopardy. Lewis David Johnson, appellant, was charged in the District Court of Maryland for Harford County with driving while intoxicated, driving while under the influence of alcohol, failure to drive within a single lane, and violation of license restrictions. Pursuant to appellant's prayer for a jury trial, the case was removed to the Circuit Court for Harford County. A Motion to Dismiss the charges of driving while intoxicated and driving while under the influence of alcohol was made by appellant on the ground of double jeopardy. A hearing on the motion was held on April 2, 1992 before the Honorable Cypert O. Whitfill. On May 29, 1992, the court denied the motion in a Memorandum Opinion. A Notice of Appeal from the denial was filed on June 19, 1992.
Appellant presents the following question for our review:
Whether a conviction for driving while intoxicated and under the influence of alcohol pursuant to Md. Transp. Code Ann. § 21-902 following a mandatory suspension of a driver's license pursuant to TR § 16-205.1 constitutes double jeopardy.
For the reasons set forth herein, we shall affirm the denial of appellant's Motion to Dismiss and shall remand the case for trial.
FACTS
At the hearing on the Motion to Dismiss, Corporal Henry Trabert of the Aberdeen Police Department testified that on November 3, 1990 at about 9:57 p.m. the Department received an anonymous call that a drunk driver was operating a tan Buick in the area of a 7-11 store on Bush Chapel Road in Aberdeen. The officer went to the area and around 10:10 p.m. observed appellant's vehicle leaving the store's parking lot. Trabert followed the vehicle and "observed the vehicle cross the solid double center line twice. The second time the vehicle crossed the center line, half of the vehicle was in the northbound lane."
Trabert stopped the vehicle and asked appellant for his license and registration. At that time, the officer "observed the smell of an alcoholic beverage coming from his breath. He also had red, glassy eyes." Appellant was then asked to exit the vehicle to perform three field sobriety tests: recitation of the alphabet, finger to nose, and walk a straight line. Appellant stated he could not recite the alphabet because he had never learned it, was only able to touch his finger, according to Trabert, "to the area between his nose and upper lip," and stated he could not walk a straight line because "he had injured his right leg." Following the tests, the officer checked appellant's license through the Motor Vehicle Administration and found appellant in violation of a court-ordered license restriction, directing him not to drive or attempt to drive a motor vehicle with
alcohol in his blood. Appellant was then placed under arrest.
Pursuant to TR § 16-205.1, appellant was advised of his right to take or refuse a breathalyzer test and the possible sanctions based on his decision. Appellant elected to take the test. The parties stipulated at the motion's hearing that the test revealed appellant's alcohol concentration to be 0.12 percent. Appellant's driver's license was then confiscated, and he was issued a temporary driver's license.
Appellant was charged by the police officer with driving while intoxicated and/or under the influence of alcohol, driving with alcohol in his blood in violation of a court-ordered license restriction, and failure to drive in a single lane. These offenses are set forth in TR §§
Page 1 2 3 4 5 6 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|