State v. Wakefield6/22/2005
I. Facts
On April 8, 2003, the Maury County Grand Jury indicted the Defendant for DUI and violation of the implied consent law. On December 29, 2003, at the Defendant's jury trial, the following evidence was presented: Officer Cory England testified that, on January 19, 2002, he was a reserve officer with the Columbia Police Department. He recalled that, on that night, he was on patrol with Officer Jeremy Haywood, and he and Officer Haywood observed the Defendant "driving somewhat irrational ." Officer England testified that the police patrol car, in which he and Officer Haywood were on patrol that evening, was equipped with a videotape recorder, and he produced the videotape of the Defendant's traffic stop and subsequent field sobriety tests.
Officer Haywood testified that, on January 19, 2002, he was an officer with the Columbia Police Department, and he was, at the time of trial, an instructor of DWI detection and the in-car video surveillance systems in police cars. The officer said that he had taken a thirty-two hour course in DWI detection and field sobriety testing, and a forty hour course in instruction on DWI detection and field sobriety testing. Officer Haywood said that, on January 19, it was raining, and he was able to see the tracks of other vehicles on the wet pavement. He said that he noticed tracks that swerved through, and across, lanes and even swerved across the center line at one point. The officer recounted that he noticed there was only one car ahead of him on the road, and he caught up to that car to observe and to videotape the driver's driving. As the officer continued his testimony, the videotape of the traffic stop, and subsequent field sobriety tests, was played for the jury. The officer explained that the Defendant was driving at approximately fifty miles per hour, in a forty miles per hour zone. The officer noted that the Defendant changed lanes without a signal and went "all the way across" into the center of the road. He testified that he had activated his lights at that point and was attempting to pull over the Defendant's car. He said that the Defendant slowed and stopped at a green light, waited through the yellow and red light, and then turned and drove away when the light turned green again. After Officer Haywood pulled the Defendant over, the Defendant had trouble getting his license out of his wallet. The officer said that he detected a strong odor of alcohol on the Defendant, and the Defendant had slurred speech and bloodshot eyes.
Officer Haywood explained that he first conducted the horizontal gaze nostagmus test, and then he conducted the nine step walk and turn test. He said that, during the walk and turn test, he was watching to see if the Defendant could maintain balance, walk heel to toe, stay on the line, and keep his arms within six inches of his body. He explained that the Defendant did not touch heel to toe, he stepped off the line during the third and fourth steps, and he lost his balance on the pivot turn. Next, the officer said, he performed the one leg stand test. Officer Haywood explained that the Defendant said he had ankle problems and could not stand on one leg. Further, the Defendant did not follow the officer's directions correctly, by failing to keep his arms by his side and by failing to count off the seconds correctly. The officer testified that, during another test, when he asked the Defendant to touch the tip of his nose with his fingertips, the Defendant touched the "high-bridge up close to his [face] way away from the tip of his nose." The officer explained that the Defendant said that he had a college education, and the officer requested that he recite the alphabet from "A" to "L" and then from "N" to "Z."
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