 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Harper12/14/2005
Before GASKINS, CARAWAY and PEATROSS, JJ.
Following a bench trial, the defendant, Winford Eugene Harper, Jr., was convicted as charged of DWI, Fourth Offense. He was sentenced to 10 years at hard labor, with all but 60 days suspended. We affirm the defendant's conviction and sentence.
FACTS
At about 11:00 p.m. on June 8, 2002, Caddo Parish Deputy Sean McCullough was on patrol on Bert Kouns Industrial Loop, when he spotted a vehicle driven by the defendant. After observing the vehicle travel from side to side within its lane and go up on the median while making a left turn, Deputy McCullough pulled the vehicle over.
When the officer approached the vehicle, he noticed a strong odor of alcohol. He asked the defendant to step out of the car. The defendant "kind of stumbled into the lane of traffic" as he exited the car. He fumbled through his wallet as he sought to produce his driver's license. He was also swaying from side to side. His eyes were bloodshot.
Deputy McCullough inquired if the defendant had had "a few too many tonight?" The defendant admitted drinking two beers shortly before being stopped, while he was at a friend's house watching a Mike Tyson fight.
The officer inquired where the defendant worked. When he said that he worked at General Motors, Deputy McCullough asked him where the plant was located. The defendant pointed in the wrong direction. When the officer corrected him, the defendant called him a liar and tried to bet him $100 that he was right.
The defendant, who was "upset and aggravated" at being stopped, began making racial and derogatory remarks to the officer. He called the white officer a "racist" and a "white pig." He then said to the officer, "I bet you if I jump on you, you can't do nothing about it." The officer placed the defendant in handcuffs and requested that another officer come to the scene.
Deputy Lonnie Smalley responded. According to him, the defendant was "almost out of control" when he arrived. The defendant, who is black, made racial comments to Deputy Smalley, who is also black.
The floorboard on the driver's side of the car was wet and smelled of alcohol. According to Deputy McCullough, an ice chest on the passenger's floorboard contained two 20-ounce beers. Also, an open beer had been dumped into the ice. There was a large wet spot on the defendant's trousers; however, according to Deputy McCullough, the defendant smelled of alcohol, not urine.
Deputy Smalley, who has been a law enforcement officer for almost 10 years, testified that he has been trained in the detection of intoxicated drivers; this includes administration of field sobriety and intoxilyzer tests. He performed a horizontal gaze nystagmus ("HGN") test on the defendant, who demonstrated a "strong level of being impaired." The defendant refused to participate in additional field sobriety testing. The officers transported the defendant to the jail where he again refused field sobriety testing.
A bench trial was held in July 2003. The only witnesses to testify were the two deputies. Although the state had a tape of the defendant taken at the jail, the video was not introduced into evidence. The trial judge found the defendant guilty as charged. The defendant's motion for post-verdict judgment of acquittal and motion for new trial were denied.
In January 2005, the defendant was sentenced to 10 years at hard labor, with all but 60 days suspended. The court directed that the 60 days be served without benefit of parole, probation, or suspension of sentence, and concurrently with any other sentence. Additionally, the defendant was placed on supervised
Page 1 2 Louisiana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|