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Williams v. State8/5/2003
Opinion Vote: AFFIRMED.
Smart, P.J. and Hardwick, J., concur.
Opinion:
Richard Williams ("Mr. Williams") appeals the judgment of the motion court denying his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. Mr. Williams sought to vacate his conviction for driving while intoxicated, section 577.010, RSMo 2000, and his sentence of eight years as a prior and persistent offender. Mr. Williams raises one point on appeal claiming ineffective assistance of trial counsel. The judgment of the motion court is affirmed. Factual and Procedural Background Officer Shelley Jones of the Columbia, Missouri, Police Department was at a Break Time gas station on February 26, 2000, at about 11:00 p.m. when she observed Mr. Williams driving a blue minivan out of the parking lot without its headlights or tail lights turned on. Officer Jones followed Mr. Williams out of the parking lot and activated her emergency lights. When Mr. Williams did not pull his van over to the side of the road, Officer Jones activated the police vehicle's siren. Mr. Williams continued driving down the street, weaving and swaying within his lane of traffic. About a mile later, Mr. Williams pulled into a parking lot. He had been driving about 25 to 30 miles per hour in a 35 mile an hour speed zone.
Officer Jones told Mr. Williams to roll down his window. She had to repeat herself between five and ten times before Mr. Williams responded by yelling that the windows were electric. Officer Jones told Mr. Williams to start the ignition so that he could roll down the windows. She had to repeat herself several times. Another officer who had arrived on the scene used the public announcement system on his police car to tell Mr. Williams to roll down the windows of his vehicle and throw his keys outside the van. This officer had to repeatedly give the directive over the PA system before Mr. Williams responded. When Mr. Williams eventually complied, the officers rushed the van, opened the door, and pulled him out of the van.
Upon Mr. Williams exiting the vehicle, police observed that his speech was slurred, he appeared incoherent, his pupils were contracted, and his eyes were staring and bloodshot. At one point during the stop, Officer Jones observed Mr. Williams' eyes roll back so that she could see the whites of his eyes. Officer Jones testified that she believed that he was under the influence of a controlled substance because she did not smell any alcohol on him. She did not conduct a field sobriety test because Mr. Williams has a prosthetic leg.
Mr. Williams had difficulty walking and standing once he was outside his vehicle. He was swaying and wobbly. The officers at the scene had to assist him to keep him from falling. Officer Jones testified that she believed that his inability to stand without swaying was in excess of what she would expect from a person with a prosthetic leg. Mr. Williams exhibited major mood swings during the stop. He went from being cooperative to uncooperative and, at one point, became so violent officers had to restrain him. After placing him in the back seat of the patrol car, Officer Jones took him to the Columbia, Missouri, police station.
At the police station, Officer Jones advised Mr. Williams of his Miranda rights and the Missouri Implied Consent Law, section 577.041, RSMo 2000, and asked if he would submit to a chemical test of his urine. He consented to a urine test. When asked if he was on drugs, Mr. Williams admitted to having taken LSD. At that point, he became violent, yelling and screaming, and swinging his arms around. Officer Jones placed him in a holding cell until he calmed down. As he was being placed int
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