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Christian v. State11/18/2003
NATURE OF THE CASE: CRIMINAL - MISDEMEANOR
TRIAL COURT DISPOSITION: GUILTY OF DUI FIRST OFFENSE AND ORDERED TO PAY FINES OF $614.50 AND COSTS OF $205.50
DISPOSITION: AFFIRMED - 11/18/2003
. Timothy A. Christian was convicted of driving under the influence (DUI)-first offense in the Justice Court of Grenada County, Mississippi. He appealed this conviction to the Grenada County Circuit Court which likewise found him guilty of the DUI charge in a bench trial. Christian was ordered to pay fines in the amount of $614.50 and court costs of $205.50. Aggrieved by his conviction, Christian has appealed and raised the following issues.
ISSUES PRESENTED
I. Did the trial court commit reversible error by allowing two law enforcement officers to give opinion testimony without first being qualified as experts?
II. Did the trial court commit reversible error by denying the Appellant's motion for directed verdict at the close of the State's case-in-chief?
III. Given the lack of evidence as to impairment of driving ability, did the trial court commit reversible error in finding the Appellant guilty of DUI-first offense?
STATEMENT OF FACTS
. On September 1, 2001, Timothy Christian was driving near Mississippi Highway 35 in Grenada County. A Mississippi Highway Patrol officer who passed Christian's vehicle observed that Christian failed to stop at a stop sign and did not dim his bright headlights. The officer proceeded to stop Christian's vehicle and ask for his driver's license. The time was approximately 8:50 p.m. Upon approaching the vehicle, the officer smelled the odor of alcohol coming from the vehicle. The officer proceeded to request that Christian get out of the vehicle. It was at that time the officer noticed two six-packs of beer inside the vehicle. The officer also observed that a small child in the vehicle was not wearing a safety belt.
. After Christian exited the vehicle, the officer asked him how much he had to drink. Christian responded that he had not been drinking. Christian's behavior towards the officer was belligerent and hostile with frequent episodes of cursing and threats to the officer. An attempt by the officer to administer a portable intoxilyzer was unsuccessful. Christian and his young son were transported to the Grenada County Jail. During the ride to the jail, the officer stopped the police car to place Christian in handcuffs due to further cursing and threats to the officer.
. The testimony of what occurred at the jail is contested. Two officers testified for the State that Christian refused to take the intoxilyzer test. Christian testified that he blew into the intoxilyzer several times but something was wrong with the machine each time. Christian stated that the officers told him that he was not blowing hard enough. Christian was charged with refusing to take the intoxilyzer test. Hearing all of the evidence presented, the circuit judge found Christian guilty of DUI-first offense and ordered him to pay fines and costs totaling $820. From this misdemeanor conviction, Christian appeals. Finding no reversible error, we affirm.
LEGAL ANALYSIS
I. THE TRIAL COURT DID NOT COMMIT REVERSIBLE ERROR BY ALLOWING TWO LAW ENFORCEMENT OFFICERS TO GIVE OPINION TESTIMONY WITHOUT FIRST BEING QUALIFIED AS EXPERTS
. Christian asserts as his first issue that the trial court committed reversible error by admitting opinion testimony of two officers without the officers being tendered as experts. The admission of testimony is within the sound discretion of the trial court. Earnest v. State , 805 So. 2d 599, 606 ( 23) (Miss.
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