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State v. Vanblaricum5/25/2005
This case relates to the defendant's arrest on a DUI charge after being stopped by a police officer because his car's taillights were not working. Cowan City Police Officer Matthew Baker testified that he observed the defendant driving without taillights while patrolling on July 29, 2002. He said that he turned on the patrol car's blue lights and that the defendant responded by driving across one lane and stopping on the left side of the road. He said that there was room to stop on the right side of the road and that most people stopped on the right side. He said that immediately after stopping, the defendant got out of his car and approached him and that he instructed the defendant to return to his car. He said that as he neared the defendant's car, he detected the odor of alcohol emanating from both the car and the defendant. He said he asked the defendant to perform field sobriety tests, beginning with a heel-to-toe test. He said this test consists of taking nine steps in a straight line and then turning in three steps. He said standard police procedure is to demonstrate the test for the suspect and ask them not to begin until the officer has completed the demonstration. He said he asked the defendant to watch him, listen closely, and not start until he was instructed to do so. He said the defendant wanted to begin before he was finished with the demonstration, which usually indicated to him that the suspect is intoxicated. He said the defendant did not walk straight and did not walk heel-to-toe but took normal steps. He said that he instructed the defendant a second time and asked him if he understood but that the defendant was very off balance during the second attempt. He said he next explained and demonstrated the nose touch. He said the defendant swayed somewhat but performed this test fairly well. He said he then described the one-legged stand test, which is performed by extending one's right or left leg and holding it, six to eight inches above the ground with the toes pointed downward, for approximately thirty seconds. However, Officer Baker did not testify concerning the defendant's performance of this test.
Officer Baker testified that he asked the defendant to submit to a blood or breath test for alcohol when they arrived at the jail and that the defendant agreed. He said the test was never performed, however, because the defendant changed his mind. He said the stop of the defendant's car was recorded on videotape. The videotape was played for the jury.
On cross-examination, Officer Baker testified that the defendant took twenty-four seconds to stop his car after the blue lights were activated and that this is an unusually long period of time, the average being approximately ten seconds. He said the defendant admitted to having some beer in his car. He acknowledged that the defendant was cooperative and polite during the incident. He also acknowledged that the defendant informed him he had back problems when they began the field sobriety tests but that he did not inquire further concerning the defendant's physical condition.
Jarred Bradford testified that he worked for the Winchester Utility Company and as an auxiliary police officer for six years. He said that on July 29, 2002, he observed Officer Baker stop behind a car without taillights and that he pulled in behind the officer to assist him. He said that he was present during the field sobriety tests and that he believed the defendant was under the influence of an intoxicant. He said the defendant hesitated, fumbled, and made unclear gestures.
On cross-examination, Mr. Bradford acknowledged that he first observed Officer Baker with the defendant after they had stopped and that he did not have
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