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State v. Whaley5/21/2003
ving. Officer Martin explained to her that he was aware that she had not been driving; however, he stated that she had been in physical control of the vehicle.
Officer Martin testified that he instructed the appellant to sit on a bench in the law lobby. However, the appellant repeatedly attempted to leave the jail. Therefore, Officer Martin handcuffed the appellant to the bench, but she was able to slip out of the handcuffs and once again proceeded towards the door. Officer Martin grabbed the appellant's arm to prevent her escape and the appellant "swung at" him, ultimately striking Officer Martin. The appellant also attempted to "knee [Officer Martin] in the groin area." Officer Martin again handcuffed the appellant to the bench, securing the cuffs more tightly.
On cross-examination, Officer Martin acknowledged that at some point following their arrival at the jail the keys to the vehicle were placed in the property envelope containing Randles' possessions. However, Officer Martin explained, "The keys would have gone with Mr. Randles, it's his vehicle." He opined that the keys could have been either in Randles' pocket or in Officer Christian's possession. He again stated that he did not know what happened to the keys at the scene, but asserted that when he encountered the appellant the vehicle was running. Therefore, at that time, the keys could not have been in Randles' pocket because "they were in the ignition. If he had another set in his pocket, he had another set in his pocket." Officer Martin could not recall whether the appellant's hands were on the steering wheel while the car was running.
At the close of the State's proof, the appellant moved for judgments of acquittal, which motions the trial court denied. As the first defense witness, the appellant called Michael Randles. Randles asserted that he and the appellant were dating at the time of the offenses and were still dating at the time of trial. On the night of December 9, 1998, Randles was driving his mother's car. He and the appellant had dinner and then watched her son perform in a Christmas band concert. After the concert, Randles and the appellant visited two separate establishments where they drank excessive amounts of alcohol. The last establishment they visited was located on Brainerd Road. Soon after leaving the establishment on Brainerd Road, Randles noticed blue lights behind his vehicle and pulled over on a side street. Randles explained that he shut off the engine and placed the keys in his pocket. Randles noted that he had to shut off the engine in order to get the automatic seatbelts to disengage so that he could exit the vehicle. Randles got out of the the vehicle and encountered Officer Christian.
Randles admitted that he pled guilty to DUI based upon the events of that night. He further conceded that both he and the appellant were too intoxicated to drive. Nevertheless, he maintained that he was the only driver of the vehicle and that the appellant was never alone in the car in possession of the keys. He asserted that the keys were listed on his property receipt prepared when he was taken to jail. Randles acknowledged that the appellant informed Officer Martin that she was driving the vehicle. However, Randles insisted that the appellant was lying because she was aware of Randles' previous DUI convictions and wanted to prevent his mother's car from being impounded by the police. Additionally, Randles related that he never saw Officer Martin review an implied consent form with the appellant.
Randles asserted that he was placed in a holding cell in the booking area of the jail. Through a "porthole," he witnessed Officer Martin, Officer Christian, and another officer talking with
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