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State v. Copeland5/11/2005
This case relates to the defendant's arrest for driving under the influence of an intoxicant after he hit a couple of trees with his vehicle. Monterey Police Lieutenant Richard Lynch testified that he was dispatched to the scene of the defendant's accident on August 3, 2003, at approximately 8:45 p.m. He said that when he arrived, the defendant was sitting in the driver's seat with the engine running and attempting to move his car away from the tree. He said that he asked the defendant for his driver's license and that the defendant did not have one. He said a computer check revealed that his driver's license had been suspended in Virginia, Tennessee, and Georgia. He said he asked the defendant to leave his car and perform some field sobriety tests because the defendant appeared highly intoxicated. He said the defendant smelled strongly of alcohol, was unsteady on his feet, appeared confused, and had red, watery eyes. He said the defendant admitted drinking three beers at home. He said the defendant failed four tests: he was unable to recite the alphabet, count backward from thirty-six to twenty-four, perform a test involving counting with his fingers, or stand upright with his eyes closed and head back for an estimated thirty seconds. He said that when he asked the defendant where the accident occurred, the defendant replied, "Right here. I don't know what the hell I hit." The defendant denied being the driver and said, "If I admit I'm driving, then you'd get me for a DUI." This part of the conversation between Lieutenant Lynch and the defendant was tape recorded and played for the jury.
On cross-examination, Lieutenant Lynch testified that no one other than the defendant was present when he arrived at the scene of the accident and that he discovered no physical evidence of another person in the car. He said the car was registered to the defendant. He said the car left the roadway, hit a tree with a glancing blow on the right side and stopped when it hit a second tree. He said that the car appeared to be severely damaged but that he could not tell if it was inoperable or able to be moved. He said the defendant was attempting to move when he arrived. He said the defendant told him that a "whore" was driving the car when they hit the trees but that she ran off afterward. He said the defendant initially refused to give him the woman's name but later told him it was "Maria." He said the defendant did not know where she was or where she lived or any other information about her. He said that the defendant agreed to take a breathalyzer test but that the defendant's lack of cooperation defeated the completion of the test.
The defendant testified that before the accident, he was at a bar with a woman he had just met named "Mary." He said that they left the bar and that she drove his car because she said he was too drunk. He said he had consumed " robably a six-pack." He admitted he caused the accident by "playing with something shouldn't have." He said that after she hit the tree, he could not open the passenger door. He said she left the car and then he got out to inspect the vehicle. He said that he had worked as a machinist for thirty-five years and that he knew the car was inoperable. He said he walked to the nearest house and asked the residents to call the police. He said that when he returned to the car, the woman was gone. He said he sat in the driver's seat of the car while waiting for the police to arrive. He said the car's frame was bent and one tire was "busted" and rammed into the back of the fire wall. He said that the car was later towed from the police impound yard to his home and that he determined later it was not worth fixing.
On cross-examination, the defendant
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