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State v. Gemler1/16/2004
In this appeal of his conviction for driving a motor vehicle while under the influence of intoxicating liquor, defendant claims the trial court erred in (1) denying defendant's pretrial motion to suppress statements elicited from defendant while in circumstances that required Miranda warnings, and in consequently denying his motion to dismiss for lack of prima facie case; (2) admitting hearsay evidence highly prejudicial to defendant; and (3) in denying defendant's motion for a mistrial after a police officer testified about matters subject to exclusion pursuant to a motion in limine. We affirm.
2. On July 11, 2000, at about 8:00 p.m., a Vermont State Police officer was flagged down by a motorist. The motorist complained that a green Chevy truck with New Hampshire plates was being operated erratically on the northbound lane of I-89, between exits 9 and 10. The police officer radioed the Waterbury Police Department, *760 and passed along the complaint and the description of the vehicle. The officer did not identify the informant.
3. Two police officers responded to the complaint, Waterbury officer Jason Billings and Washington County Deputy Sheriff Scott Patterson. Patterson, traveling south on I-89, saw the suspect truck traveling north. He testified that the operator had dark hair and was wearing a pink shirt and a baseball cap, and that there was nobody else in the truck. Patterson radioed Billings to look for the vehicle, as it was apparently leaving the highway at Exit 10, Waterbury. At approximately 8:13 p.m., Billings located a green Chevy truck with New Hampshire tags in the parking lot of the Holiday Inn in Waterbury.
4. When Billings entered the lobby, he found defendant talking to the clerk. Billings asked defendant whether he was the owner of the green truck. Defendant responded by asking the officer why he wanted to know. When Billings told defendant about the complaint, defendant refused to answer whether he was the owner of the vehicle. Billings noticed that defendant had trouble focusing, his speech was mumbled and slurred, and his eyes were watery and bloodshot. Defendant also refused to produce identification. Officer Patterson arrived at the hotel shortly thereafter. He noted that defendant was wearing a pink shirt and had dark hair, like the person he had seen operating the truck. Patterson detected a strong odor of alcohol coming from defendant and observed that he was unsteady. Patterson warned defendant that he would be placed in custody if he did not provide identification. Defendant then produced a driver's license. In response to a question from an officer, defendant denied drinking and driving, stating, "I drove up and drank at [the hotel] bar." Because the officers suspected defendant of operating the vehicle while intoxicated, defendant was asked to perform dexterity tests, which he failed. Defendant was then taken into custody and transported to the Vermont State Police barracks for processing. Although he refused to submit to an evidentiary test, defendant stated, "Off the record, I drove up from New Hampshire, stopped at a bar in White River, and had seven Budweiser beers. I know that [you are] doing your job and you will get me."
5. After arraignment, defendant filed a motion to suppress and dismiss. The court granted the motion to suppress the statements given while defendant was at the station, because, although apparently voluntary, the police officers were not present at the hearing to explain the circumstances in which the statements were made. Defendant filed a second motion requesting the suppression of statements made while he was still at the Holiday Inn. The trial court refused to suppress those statements, rejecting defendant's theory that an officer's request to a defendant t
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