 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Hendrix v. State6/21/2005
RUFFIN, C. J., JOHNSON, P. J., BARNES, J.
An Athens-Clarke County jury convicted William Hendrix of driving under the influence of drugs (DUI), obstructing a police officer, and violating the open container law. He appeals, arguing that the trial court should have granted his motion to suppress; that the trial court should have granted his motion for directed verdict on obstruction because there was no lawful arrest; and that the evidence was insufficient to support his DUI conviction. We disagree and affirm.
1. Hendrix contends the trial court should have suppressed methadone seized from his vehicle because the seizure occurred after his detention for possible DUI had concluded. According to Hendrix, the police had already decided there was no probable cause to arrest him for DUI when they asked him about the contents of a lockbox in his front seat, and, therefore, had no basis to conduct an additional investigation.
On appeal from the trial court's ruling on a motion to suppress, "if the facts are not disputed, we apply a de novo standard of review to the trial court's application of the law to the facts." The uncontroverted evidence shows that on October 25, 2003, Officer Wright of the Athens-Clarke County Police Department noticed a vehicle stopped in the right turn lane of a busy road in Athens. The brake lights were on, and Hendrix was slumped over the steering wheel. Officer Wright stopped to check Hendrix, and Hendrix appeared to be asleep, with the vehicle in gear and his foot on the brake. There was a beer can turned over in the console of the vehicle. Officer Wright opened the vehicle door and tried to awaken Hendrix, but Hendrix did not respond. Officer Wright called Officer Walsh of the DUI Task Force to assist him.
After Officer Walsh arrived, Officer Wright reached into the vehicle, put it in park, and turned it off. Hendrix still did not awaken. Officer Walsh eventually woke Hendrix by shaking him. Hendrix seemed lethargic, dazed, and disoriented, and he thought he was in Atlanta.
Officer Walsh had Hendrix exit the car and perform field sobriety tests. Officer Walsh administered a horizontal gaze nystagmus test to Hendrix and noted six clues of intoxication. On the walk-and-turn test, Hendrix took the wrong number of steps, missed the heel-to-toe, and stepped off the line. Hendrix swayed on the one-leg stand, put his foot down, hopped, and fell back towards the vehicle. However, two different Alco-Sensor tests registered a low level of alcohol. At that point, Officer Walsh suspected that Hendrix was under the influence of drugs. Officer Walsh testified that, based on Hendrix's results, "I was thinking prescription meds at that time," and "I was convinced it was there; I just couldn't figure out which [drug] it was."
Officer Walsh told Hendrix that he was going to issue a ticket for the open container violation and take him to a nearby motel , since he could not drive in his condition. Officer Walsh was still undecided whether to arrest Hendrix for DUI; he testified, "I had to get the ticket [for the open container violation] written, and my mind was not closed, but my mind was almost made up, and . . . I was indecisive at that point." When asked if the investigation was over at that point, Officer Walsh testified that " t would have been over once I released him on a citation. I hadn't released him on a citation yet."
Officer Walsh and Hendrix returned to Hendrix's vehicle to retrieve his driver's license. At the vehicle, Officer Walsh noticed a small metal lock box on the front passenger seat. Officer Walsh testified that he "asked [Hendrix] what was in the box. He said medication. That's when some things st
Page 1 2 3 4 Georgia DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|