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Rhoades v. State5/14/2002
DATE OF TRIAL COURT JUDGMENT: 01/09/2001
TRIAL JUDGE: HON. HENRY L. LACKEY
NATURE OF THE CASE: CRIMINAL - MISDEMEANOR
TRIAL COURT DISPOSITION: DUI 1ST OFFENSE-FINED $750 AND SENTENCED TO 48 HOURS, SAID SENTENCE TO BE SUSPENDED WITH PAYMENT OF FINES AND COSTS.
DISPOSITION: AFFIRMED - 5/14/2002
. Michael L. Rhoades was originally convicted of DUI-First Offense in the Justice Court of Lafayette County, Mississippi. He appealed this conviction to the Lafayette County Circuit Court which affirmed the justice court's conviction in a de novo bench trial. He now appeals that decision and assigns the following issues as error:
I. Whether there was sufficient evidence to support a DUI-First Offense conviction.
II. Whether the trial judge committed reversible error by admitting evidence of the horizontal gaze nystagmus (HGN) test given to Rhoades.
FACTS
. On January 28, 1998, at approximately 2:00 a.m., University Police Officer Libby Lytle was on foot patrol near a male dormitory on the University of Mississippi campus. While inside the lobby, Officer Lytle heard loud music coming from a vehicle in the parking lot. Officer Lytle observed a vehicle drive up to the curb in a "no parking" area.
The officer went out to speak to the driver, Michael Rhoades, and instruct him to turn the music down. As Officer Lytle approached the vehicle, she saw him "sitting there with an open can of beer in his hand." At that time, the officer also observed in plain view a twelve- pack of beer on the passenger seat.
. Officer Lytle testified that, as she spoke with Rhoades, she noticed that he had "redness of the eyes." She also noted that his pupils were dilated, his speech was slurred, and the odor of alcohol emanated from his breath. Having made these observations, Officer Lytle asked Rhoades to step out of the vehicle to determine "if he was under the influence of an intoxicating beverage or not." At this point, Rhoades agreed to perform some field sobriety tests.
. Officer Lytle administered the HGN test, the walk and turn test, and the one legged stand test. Officer Lytle testified that Rhoades lost his balance while performing the "walk and turn" test, and also failed the one legged stand.
. Based upon her observations, Officer Lytle determined that Rhoades had driven a vehicle under the influence of an intoxicating beverage. She placed Rhoades in custody to offer him the Intoxilyzer 5000 at the Lafayette County Detention Center.
. Officer Lytle retrieved the alcohol from the vehicle, inventoried it as evidence and then radioed for transportation. Officer Hernandez arrived and transported Officer Lytle and Rhoades to the detention center. Upon arrival, Officer Hernandez prepared the intoxilyzer machine. Officer Hernandez read Rhoades the intoxilyzer checklist statement several times. Thereafter, Rhoades refused to take the intoxilyzer test and was placed under arrest for possession of alcohol by a minor and DUI.
. During trial, Officers Lytle and Hernandez testified that they observed signs of intoxication by Rhoades.
. In a non-jury trial, on January 19, 2001, the court found that the State had failed to prove the possession of beer, but did find Rhoades guilty of DUI-First Offense. Rhoades was sentenced to serve a term of forty-eight hours in the county jail, ordered to pay a $750 fine and all other costs and assessments, with the jail time being suspended upon payment of the fine, fees and costs.
ISSUES AND ANALYSIS
I. Whether there was sufficient evidence to support a DUI-F
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