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State v. Lee4/26/2005
FACTS
The DUI conviction at issue stems from a traffic stop conducted by the Cookeville Police during the early morning hours of October 13, 2002. The Defendant, Brooks Jonathan Lee, was pulled over for erratic driving. After failing several field sobriety tests, the Defendant was arrested for DUI. A search incident to arrest led to the discovery of a small amount of marijuana and drug paraphernalia in the Defendant's automobile. In March of 2003, a Putnam County grand jury returned an indictment against the Defendant charging him with three offenses: 1) Second offense DUI, 2) simple possession of marijuana, and 3) possession of drug paraphernalia. A jury trial was conducted on June 5, 2003.
At trial, Officer Craig Wilkerson of the Cookeville Police Department testified that at approximately 1:30 on the morning of October 13, 2002, he observed a vehicle traveling down the middle of the road, swerve to miss oncoming traffic, and cross the double yellow line. Officer Wilkerson activated his blue lights and dashboard camera and stopped the vehicle. The Defendant was the driver and sole occupant of the vehicle. Officer Wilkerson stated that the Defendant's "speech somewhat slurred," that his "eyes were red and watery," and "there was a slight odor of intoxicant coming from the vehicle."
Officer Wilkerson administered three separate field sobriety tests. He first requested the Defendant to perform the nine-step walk and turn test, which he determined the Defendant failed. Officer Wilkerson stated that the Defendant "stepped off the line twice on the first nine steps, which caused him to miss heel to toe on those two steps," the Defendant "use his arms for balance," and during the instructions the Defendant "couldn't hardly balance, he almost fell over." Officer Wilkerson noted that the Defendant also stepped off the line twice on his return nine steps.
Next, Officer Wilkerson administered the one leg stand test. He stated the Defendant also failed this test, explaining that the Defendant "used his arms to keep his balance and he almost fell over. So he was hopping, he was swinging, he put his foot down four times." Finally, Officer Wilkerson asked the Defendant to recite the alphabet from C to X, which the Defendant was able to do. Based on the Defendant's performance on the field sobriety tests, the erratic driving, and other observations, Officer Wilkerson placed the Defendant under arrest for DUI. The Defendant consented to a blood test.
On cross-examination, Officer Wilkerson conceded that he did not know what "slight odor" he smelled upon stopping the Defendant, considering no alcohol was found in the vehicle and the lab report indicated there was no alcohol in the Defendant's blood. Officer Wilkerson also testified the Defendant explained he was having problems with his contacts when asked why his eyes were red and watery.
Officer Jeff Johnson of the Cookeville police testified that he responded to the traffic stop as a back-up officer and observed Officer Wilkerson administer two of the three field sobriety tests. Officer Johnson stated that he also believed the Defendant failed the nine-step walk and turn test and the one-leg stand test. Officer Johnson further testified that upon searching the Defendant's vehicle he discovered marijuana in a backpack and a door panel, and a hemostat on the floorboard. Officer Johnson also stated that when he showed the Defendant the marijuana he discovered in the vehicle, the Defendant told him: "If I had known that was there I would have smoked it."
On cross-examination Officer Johnson testified that the marijuana found was a small amount, under half an ounce. Also, Officer
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