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State v. Bradley10/1/2001
Appeal From: Circuit Court of Greene County, Max E. Bacon, Associate Circuit Judge
Opinion Vote: AFFIRMED.
Parrish, J., and Rahmeyer, J., concur.
Opinion: AFFIRMED
James Bradley ("Defendant") appeals from a judgment of the circuit court of Greene County, following non-jury trial, finding him guilty of driving while intoxicated. The court fined Defendant $500 and gave him a suspended sentence of 90 days in the Greene County jail. The court also placed defendant on unsupervised probation for 2 years, and ordered him to complete a substance abuse traffic offender program ("SATOP") and participate in any aftercare treatment recommended by the program. See section 302.010(21), RSMo 1994. Defendant challenges his conviction on appeal, claiming that he failed a field sobriety test and slurred his speech because he suffers from multiple sclerosis, not because he was intoxicated. We affirm the trial court's conviction.
On the evening of January 19, 2000, Officer Kenneth D. Walters, a trooper for the Missouri State Highway Patrol, was patrolling the area of Missouri Highway 13 and Interstate 44. At approximately 11:35 p.m., Officer Walters, who was driving southbound on Highway 13, observed a black Chevrolet pickup traveling northbound on Highway 13 in the right hand lane. The vehicle appeared to Officer Walters to be traveling at a high rate of speed, "significantly higher than the speed limit." The speed limit on that portion of Highway 13 was 65 miles per hour. Officer Walters' radar image indicated that the vehicle was travelling at a speed of 83 miles per hour.
Officer Walters activated his emergency lights, made a U-turn through the median, and attempted to overtake the pickup. Officer Walters followed the vehicle after it turned onto Farm Road 94, and was able to stop the vehicle after it pulled into a private driveway by blocking the driver's egress with his patrol car. Officer Walters exited his patrol car, and the driver of the vehicle, James Bradley ("Defendant"), exited his.
Officer Walters noticed a strong odor of intoxicants on Defendant's breath and that Defendant's eyes appeared to be glassy. He observed that Defendant had trouble walking, as he staggered forwards and backwards. He also noted that Defendant slurred his speech. Officer Walters asked Defendant if he had been drinking that evening, and Defendant responded that he had had a glass of wine earlier in the evening. Walters asked Defendant to perform the gaze nystagmus field sobriety test. Walters observed a distinct nystagmus at maximum deviation in both of Defendant's eyes, indicating that Defendant was driving while intoxicated. Walters then asked Defendant to recite the alphabet from A to Z, which Defendant did correctly, although his speech was slurred and he sang rather than spoke the letters.
Walters also asked Defendant to perform the one-leg-stand test and to submit to a portable breath test, both of which Defendant refused. Walters determined that Defendant was intoxicated and arrested him for driving while intoxicated.
After he arrested Defendant, Officer Walters searched Defendant's vehicle. In the vehicle, the officer found a glass mug with a yellowish-colored liquid and ice cubes in it. The officer thought that the beverage smelled of intoxicants. He also found a bottle of Crown Royal liquor that was only a quarter full inside the center console. In the back of the vehicle, the officer found an unopened twelve-pack of Bud Light and two unopened bottles of wine.
Officer Walters transported Defendant to the troop headquarters. Defendant placed his head against the window while en route to the station. A
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