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[T] State v. Briggs11/4/2003
Submitted on Briefs: February 6, 2003
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document with the Clerk of the Supreme Court and shall be reported by case title, Supreme Court cause number and result to the State Reporter Publishing Company and to West Group in the quarterly table of noncitable cases issued by this Court.
In September 1999, Bruce Kenneth Briggs (Briggs) was adjudged guilty of Driving While Under the Influence. He appeals the judgment on various grounds. We affirm.
ISSUES
Briggs presents the following issues on appeal:
1. Was he denied his right to a speedy trial in district court?
2. Did the District Court err in denying his motion to suppress?
3. Was sufficient evidence presented to justify his conviction?
FACTUAL AND PROCEDURAL BACKGROUND
On November 18, 1996, Briggs and his girlfriend, Melinda Sperry, Wyoming residents, drove to Billings from Worland, Wyoming, to meet Jerry Dewey, a mutual friend. The three went to dinner. Sperry and Dewey both testified that the three of them split a bottle of wine over the course of their meal. Following dinner, Briggs drove them to a local Billings bar to watch some football. Sperry testified that while at the bar, she drank two mixed drinks and the men drank beer. She speculated that they each drank two beers but admitted to "not really" knowing how much they drank at that time. After spending an unestablished amount of time at the bar, the three left. Once again Briggs drove. The weather was cold and an icy rain was falling. Shortly after leaving the bar, Briggs lost control of his vehicle and struck an oncoming car driven by Christina Crenshaw. No one was injured in the accident.
A passerby called the police and Highway Patrol Officer Craig Baum was dispatched to the scene. Prior to Baum's arrival, Briggs told Crenshaw that the accident was "totally his fault." He later repeated this admission to Officer Baum. Crenshaw testified that she did not notice anything that would lead her to believe that Briggs was intoxicated but that she had not gotten very close to him.
When Baum first arrived on the scene and spoke to Briggs, he noticed Briggs' eyes were bloodshot and he could detect a "slight" odor of alcohol. Therefore, he requested that Briggs remain in his vehicle while he interviewed Crenshaw. He had to repeat this request a few times because Briggs kept getting out of his truck. Upon completion of Crenshaw's interview, Baum conducted Briggs' interview from inside the patrol car. In the closed quarters of the vehicle, Baum testified that there was a "strong" odor of alcohol emanating from Briggs.
Baum administered a field horizontal gaze nystagmus (HGN) test and a preliminary breath test (PBT). Briggs scored a six out of a possible six on his HGN indicating impairment. His PBT also indicated impairment. As a result, Baum arrested Briggs for DUI. Baum then spoke with both Sperry and Dewey to determine if either could drive Briggs' truck. Baum testified that Dewey was visibly intoxicated but Sperry "passed" an HGN test and was allowed to drive. Baum then transported Briggs to the Yellowstone County Detention Facility (YCDF) where he administered and video taped further sobriety tests.
At the YCDF, Briggs again scored six out of a possible six clues on the HGN test, indicating a 75% chance that his blood alcohol content was .10 or greater. On the walk and turn test, he scored 2 clues out of a possible 8, which Baum testified indi
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