 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Palmer v. City of Oxford12/4/2003
Officer Sockwell stated that he felt that Palmer was under the influence of intoxicating beverages. The officer made this determination before he administered the field sobriety tests to Palmer. Upon completion of the field sobriety tests, Officer Sockwell felt that Palmer was operating a motor vehicle under the influence of intoxicating beverages.
. Soon thereafter, Officer Sockwell transported Palmer to the Lafayette County Detention Center to offer Palmer the Intoxilyzer 5000 test. At the center, Palmer was placed in the intoxilyzer room for observation by Officer Sockwell. Officer Sockwell is certified to use the Intoxilyzer 5000 machine. Before administering the intoxilyzer test, Officer Sockwell observed Palmer for 20 minutes to make sure that he neither ingested nor regurgitated anything by mouth. Palmer was offered three intoxilyzer tests at 00:48, 01:10 and 01:13 a.m. on June 21, 2002. All of the test cards were part of the record. Two of the tests administered on June 21, 2001, at 00:48 and 01:10, resulted in no blood alcohol content (BAC) reading. The two test results from the Intoxilyzer 5000 machine stated "Invalid test, check ambient conditions." The last test administered at 01:13 indicated that Palmer's BAC was .127. Officer Sockwell testified that he showed and told Palmer the test result of .127.
. A citation document was given to Palmer on or about June 21 by Officer Sockwell. Officer Sockwell admitted that the copy of the citation that he served upon Palmer did not record the .127 BAC result. Officer Sockwell merely checked block A and C on the citation served upon Palmer. Also, Officer Sockwell did not record the second invalid test (01:10 a.m.) on an intoxilyzer log sheet. Officer Sockwell stated that he read Palmer his rights with each test although there was no documentation to show that he had read Palmer his rights on the third test (01:13 a.m.). Between the second and third test Officer Sockwell stated that he just changed the mouthpiece on the machine.
. After hearing the testimony from Officer Sockwell, the sole witness at trial, and hearing arguments by both the prosecution and defense, the trial judge ruled that Palmer was guilty of speeding and DUI first offense. The trial judge also stated:
I am going to have to say that, you know, there are issues here and there are things that procedures that are to be followed but nothing has been brought to the Court's attention either by statute or any case law that supports the propositions that the defendant's procedural rights or any rights of the defendant in this case were violated in this arrest. From this ruling Palmer appeals to this Court raising the following issues:
ISSUES
I. Whether the trial court erred in admitting the intoxilyzer test over Palmer's objection to a series of substantive and procedural irregularities.
II. In the alternative, whether the trial court erred in convicting Palmer despite the testing officer's failure to follow established procedures approved by the Commissioner of Public Safety and the State Crime Lab, and specifically, the Officer's failure to follow the instructions on the Intoxilyzer 5000 Operator's Manual.
III. Whether the trial court erred in convicting Palmer of DUI over his objection to irregularities in the "copy" of the citation/affidavit he received.
IV. Whether the trial court erred in convicting Palmer of "common law" DUI in the absence of specific proof that Palmer's "ability to drive a vehicle has been impaired by the ingestion of intoxicating liquor.
V. If Palmer is found guilty of DUI first offense "common law" DUI standards is Palmer entitled to petitio
Page 1 2 3 4 5 6 7 8 9 Mississippi DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|