 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Farmer v. Commonwealth4/23/1991
MOON, J.
UPON A REHEARING EN BANC
We granted a rehearing en banc to the Commonwealth after a panel of this Court reversed Michael Larry Farmer's driving under the influence conviction. See Farmer v. Commonwealth, 10 Va. App. 175, 390 S.E.2d 775 (1990). Farmer contends that the trial court erred in admitting evidence of his prior DUI convictions and admitting evidence of his refusal to perform a field sobriety test. We hold that the trial court did not
err in admitting appellant's prior DUI convictions and that the admission of Farmer's refusal to perform a field sobriety test did not violate either the United States or Virginia Constitutions.
On the night of August 2, 1986, a Pulaski County sheriff's deputy, while on patrol in his vehicle, passed an automobile headed in the opposite direction. The officer recognized the driver of the vehicle as the appellant, Farmer. The officer knew that the appellant's driver's license had been suspended. The officer turned around and proceeded after the vehicle. The vehicle sped up as it was being followed by the deputy. When the deputy closed to within one-half block, the car made a quick turn into a closed gas station parking lot. The deputy pulled within seventy feet of the vehicle and saw no one leave the car. The officer saw motion in the car moving toward the back seat. When the officer approached the car he found Farmer lying down in the back seat behind the driver's seat with no one at the wheel. There was another person in the right front passenger seat.
When the officer asked Farmer to step out of the car, Farmer replied, "to hell with you sons-of-bitches, I ain't coming out of this car. I wasn't driving this car. A black guy jumped out and ran with the car keys."
After getting Farmer out of the car, the police officer detected a strong odor of alcohol about Farmer and noticed Farmer was unsteady on his feet, belligerent and abusive toward him. Additionally, Farmer's speech was slurred and his eyes were glassy and watery. When asked to perform a field sobriety test, Farmer replied, "I ain't doing a Goddamn thing for you, you sons-of-bitches, you are always out here f g with everybody."
The keys were not found in the ignition. After the car had been towed, Farmer's mother attempted to retrieve the car. Because she had no keys, she called the jail and was able to obtain from the deputy sheriff a key from Farmer's personal property.
Farmer testified that he had been to a "beer joint" from 6:00 or 7:00 p.m. until it closed at 11:45 p.m. He admitted that he consumed six or seven beers during this period. He claimed that he found a black man, Anthony Redd, to drive him home. After starting the ride home, Farmer claimed to have had to wait an hour and a half to two hours outside a community center while
Mr. Redd met a woman. Farmer admitted to drinking about three more beers while he was waiting.
With regard to the admission of his prior DUI conviction, Farmer contends that under Code § 46.1-347.2 (now Code § 46.2-943), he was entitled to a bifurcated trial in which his prior convictions would not be introduced until after a finding of guilt. For the reasons stated in the panel's decision, we hold "that evidence of prior DUI convictions does not constitute the 'traffic record' as contemplated by Code § 46.2-943 where the offense charged under Code § 18.2-266 is a subsequent offense of DUI punishable
Page 1 2 3 4 5 6 7 Virginia DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|