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State v. Collins12/12/2005
I. Facts
This case arises from the Defendant's conviction for DUI and DUI per se. At the Defendant's trial, the following evidence was presented: Phillip Martin testified that he was driving on Dickerson Road in Nashville during the evening of November 27, 2002, when he was struck from behind by another car as he was slowing down approaching a red traffic light. Martin stated that the Defendant rear-ended a car, causing it to rear-end Martin's car. He said that the Defendant's car appeared to have swerved in an unsuccessful attempt to avoid rear-ending the car directly in front of the Defendant's car. Martin noted that the front end of the Defendant's car was damaged, and that the Defendant's car had come to a stop on the sidewalk. He testified that the Defendant then got out of his car and ran down the street, "with a bunch of beer in his hand," without speaking to either of the other drivers involved in the accident. Martin added that there was a young girl in the car with the Defendant at the time of the incident, and she initially stayed in the car after the Defendant left but eventually went down the street after him. He testified that the Defendant and the girl returned after about five minutes, and the Defendant was no longer carrying the beer.
On cross-examination, Martin testified that he did not observe the Defendant having trouble walking or running at any point during the course of the incident. He further testified that, although he recalled seeing the Defendant running down the street with a six-pack of beer, he was uncertain whether he informed the police that the Defendant was carrying beer when Martin gave his statement to the officer at the scene.
Officer Michael Wilson of the Metro-Nashville Police Department testified that, when he arrived at the scene of the accident, he smelled alcohol on the Defendant, and the Defendant admitted drinking two beers earlier in the afternoon. Officer Wilson further stated that the Defendant's eyes were bloodshot and watery, leading him to believe that the Defendant may have been intoxicated. Furthermore, Officer Wilson testified that the Defendant was "quiet," which he attributed to the Defendant not wanting to speak with him, because the Defendant may have been afraid that the officer would smell alcohol on his breath. The officer also said that he administered a field sobriety test, in which the Defendant was asked to walk in a straight line, touching his heel to his toe on each step for a specified number of steps. According to Officer Wilson, the Defendant was able to walk in a straight line and took the appropriate number of steps, but was unable to consistently touch his heel to his toes.
Officer Wilson testified that he administered a second field sobriety test in which he instructed the Defendant to stand on one leg, with his other leg raised so that his foot was six inches off the ground, while keeping his arms at his sides and counting to thirty. He stated that the Defendant successfully counted to thirty and was able to keep his arms at his sides, but he was unable to keep his raised foot from touching the ground. Officer Wilson said that he then placed the Defendant under arrest for DUI, based upon the Defendant's inability to pass the field sobriety tests. Officer Wilson testified that he then brought the Defendant to the police station for booking and called for a technician to administer a breath alcohol test ("BAT").
On cross-examination, Officer Wilson testified that his police report did not note that the Defendant had blood-shot, watery eyes, or that the Defendant was quiet. Officer Wilson testified that on his police report he marked a box labeled "slight" referring to the
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