 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Gibson9/9/2003
I. Facts
On the evening of July 15, 2000, Chris Melacon was returning to Pigeon Forge from a trip to Gatlinburg by way of a two-lane bypass. While on the bypass, the Defendant, Rex A. Gibson, who was driving a gold Jaguar, quickly approached Melacon from behind and attempted to pass him in the oncoming traffic lane. An oncoming vehicle forced the Defendant back into Melacon's lane, requiring Melacon to slam on his breaks in order to avoid being hit and forcing the oncoming vehicle to run off of the road. The Defendant then pulled in front of Melacon, at which time Melacon obtained the license plate number of the Defendant's vehicle before the Defendant drove off at a high rate of speed. Melacon's wife, a passenger in the car, immediately contacted the Pigeon Forge police and provided a description of the Jaguar and the car's license plate number.
The Pigeon Forge Police Department issued a dispatch, including a vehicle description and the tag number, to alert officers of a vehicle driving erratically on the bypass entering Pigeon Forge. Officer Tim Culotta, a motorcycle officer with the Pigeon Forge Police Department, received this dispatch and parked at a restaurant a quarter of a mile inside the city limits, where he could observe all traffic exiting the bypass. Officer Culotta testified that, shortly thereafter, he witnessed a gold-colored Jaguar exit the bypass "traveling a pretty good speed, faster than all the other vehicles" and weaving in and out of traffic without using signals. Believing the driving was reckless, the officer pulled behind the Defendant, verified the tag number as the one received over the dispatch, and then stopped the Defendant.
Officer Culotta approached the Defendant's vehicle and requested to see his driver's license. The Defendant explained that his license was probably suspended, and while the Defendant was explaining this, the officer noticed the smell of alcohol on his breath. When asked whether he had been drinking, the Defendant stated he had been drinking Irish coffee, a mixture of coffee and liquor. Officer Culotta then asked the Defendant to step out of the vehicle and perform several field sobriety tests. Culotta testified at trial that the Defendant performed poorly on the tests; he specified that the defendant appeared to be unsteady and to stagger at times during the tests. From this, Officer Culotta determined that the Defendant had been driving while impaired by alcohol.
Just as Officer Culotta stopped the Defendant, Officer Randy Holbrook, who was also on patrol that evening, responded as backup and activated the video recorder in his patrol car. Officer Holbrook testified that he did not observe the field sobriety tests because he was taking a statement from Chris Melacon, who had stopped when he noticed that the Defendant had been pulled over. On cross-examination, Officer Holbrook admitted that he commented to Melacon that the officers needed a statement from him because "[they had] to have a reason to pull over this Jaguar," but he did not agree with defense counsel that he was seeking a reason to justify the stop. Rather, he testified that he knew the officers needed an independent reason to pull over the vehicle.
Officer Holbrook testified that he transported the Defendant to the police department. Upon arrival, the officer placed the Defendant in a chair approximately five to six feet away from him and observed the Defendant for a twenty-two minute period. During this period, the officer conversed with the talkative Defendant, checked to see if any foreign substances were in the Defendant's mouth, and asked if the Defendant would agree to take a breathalyzer test. The officer stated that the
Page 1 2 3 4 5 6 7 8 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|