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Palmer v. City of Oxford12/4/2003
DATE OF JUDGMENT: 4/22/2002
NATURE OF THE CASE: CRIMINAL - MISDEMEANOR
DISPOSITION: AFFIRMED - 12/04/2003
EN BANC.
. Near midnight on June 20, 2001, Lee Madison Palmer, Jr. (Palmer), a minor, was pulled over by Officer Ray Sockwell (Officer Sockwell) of the City of Oxford Police Department. The officer initially stopped Palmer on a speeding violation, traveling 45 miles per hour in a 30 mile per hour zone. Upon speaking with Palmer, Officer Sockwell noticed the strong smell of alcohol. This police stop eventually led to Palmer being tried and convicted of first offense driving under the influence (DUI) and speeding by the Oxford Municipal Court. Palmer then appealed the decision to the Circuit Court of Lafayette County for a de novo trial. On April 22, 2002, Palmer was tried and convicted in the circuit court, the Honorable Andrew K. Howorth presiding, of the crimes of first offense driving under the influence (DUI) and speeding. Palmer was sentenced to serve a term of 24 hours at the Lafayette County Detention Center, pay a $1,000 fine and taxed with court costs and assessments. Palmer now appeals to this Court from the DUI first offense conviction and sentence only.
FACTS
. On the night of June 20, 2001, Officer Sockwell stopper Palmer for speeding, traveling 45 miles per hour in a 30 mile per hour zone. The officer determined the speed that Palmer was traveling through the use of radar. When Officer Sockwell spoke to Palmer, he noticed the strong smell of alcohol from Palmer's breath. Officer Sockwell asked Palmer whether he had been drinking. Palmer told the officer that he had had a few beers. Officer Sockwell then asked Palmer to step out of the vehicle. The officer noticed Palmer used the vehicle to support himself. Officer Sockwell also noted that when Palmer spoke he slurred his speech.
. Next, Officer Sockwell administered field sobriety tests including the HGN, walk and turn and one legged stand. Officer Sockwell wrote down Palmer's test results contemporaneously with the administration of the tests on an Alcohol Drug Influence (ADI) report. After administering the HGN test, the officer noted that he observed four out of the possible six clues on this test.
. A heel to toe test also was administered to Palmer. Officer Sockwell described the heel to toe test as follows:
Okay, sir. The subject is placed in a position on which right foot will be in front of his left foot on a line. His hands down at his side and he is given instructions on how to perform the test. He was told to take nine heel to toe steps down the line, turn by taking a series of small steps and nine heel to toe steps back during this time he is to keep his hands at his side without looking at his feet while he walks. Count out loud so I can hear him and don't stop the test until he has completed the whole test and then he is asked if he understands. Officer Sockwell saw Palmer exhibit six out of a possible eight clues, which included: Palmer being unable to keep his balance during the test instruction period, starting the test too soon, stopped walking, missed a heel to toe movement, raised his arms, and performed 10 steps instead of nine.
. Officer Sockwell also administered the one legged stand test. Out of the four possible clues for this test the officer observed all four clues which included swaying, raising his arms, hopping and putting his foot down. The officer also stated that Palmer exhibited three classic signs of intoxication which included the strong odor of alcohol on his breath, being unsteady on his feet and slurred speech. From his observation of the classic signs of intoxication,
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