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Mayo v. State4/22/2003
NATURE OF THE CASE: CRIMINAL - MISDEMEANOR
DISPOSITION: AFFIRMED: 4/22/2003
. James R. Mayo was originally convicted of DUI-first offense and possession of paraphernalia in the Justice Court of Copiah County, Mississippi. He appealed this conviction to the Copiah County Circuit Court which affirmed the justice court's conviction of the DUI charge but dismissed the possession charge in a de novo bench trial. Aggrieved by his conviction, Mayo has appealed and raised the following issue which we quote verbatim:
Whether the trial court erred in finding that sufficient probable cause existed for the discovery of Appellant's Driving Under the Influence violation, where the underlying charge for Possession of Beer, which led to the revealing search and seizure, was dismissed.
FACTS
. On June 11, 2000, at approximately 10:30 p.m., deputies with the Copiah County Sheriff's Department had set up a routine roadblock on Highway 18 in Copiah County to check licenses and look for alcohol and drugs. When Mayo approached the roadblock, his driver's license was checked. Officer Tommy Rials indicated that Mayo had an open container of beer in plain view in his vehicle. Mayo was then asked to pull to the shoulder of the road. Rials stated that Mayo admitted that he had been drinking and smoking marijuana earlier. Mayo consented to a search of his vehicle. Rials stated that "the paper with a little marijuana in it" was located inside the vehicle.
. Mayo was placed under arrest. Rials asked Mayo if he would consent to a series of field sobriety tests, but Mayo refused. After observing Mayo, Rials determined that he was a little disoriented and had alcohol on his breath. Rials transported Mayo to the sheriff's department where an intoxilyzer test was performed. The test results indicated that Mayo's blood-alcohol content was .126 percent at the time of the test.
. On June 12, 2000, Mayo was charged with DUI-first offense, possession of beer, and possession of drug paraphernalia in the Justice Court of Copiah County. On July 13, 2000, Mayo was convicted of DUI-First Offense and possession of paraphernalia. He was ordered to pay a fine and other court costs. The beer possession charge was dismissed.
. Mayo appealed to the Circuit Court of Copiah County where the case was tried de novo. The circuit court affirmed the DUI conviction, but reversed the paraphernalia possession conviction.
ISSUE AND ANALYSIS
Whether the trial court erred in finding that sufficient probable cause existed for the discovery of Appellant's Driving Under the Influence violation, where the underlying charge for Possession of Beer, which led to the revealing search and seizure, was dismissed.
. Mayo contends that the trial court erred in finding that probable cause existed for a DUI violation where the underlying charge of possession of beer was dismissed. Determinations of reasonable suspicion and probable cause should be reviewed de novo on appeal. Floyd v. City of Crystal Springs, 749 So. 2d 110 ( ) (Miss. 1999).
. Mayo does not question the constitutionality of the roadblock itself, but asserts the police lacked sufficient probable cause for the subsequent arrest for DUI since the beer possession charge was dismissed. Upon approaching the vehicle, Officer Rials noticed an open container of alcohol in plain view and asked Mayo had he been drinking. Mayo indicated that he had in fact been drinking. Mayo was then asked to step out of the vehicle. There is a long line of precedent in Mississippi which holds the smell of alcohol emanating from a car is enough to provide an officer with probable
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