 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Beckstead9/30/2004
eers"); Strange v. Ostlund, 594 P.2d 877, 879 (Utah 1979) (finding fact question on defendant's intoxication despite his claim of only having had "two beers" three hours earlier).
**9 Neither is it sufficient that Beckstead exhibited no outward signs of intoxication to the court at the hearing or on the videotape thereof. Beckstead pleaded guilty to one felony count of driving under the influence with prior convictions, and had another felony count of driving under the influence dismissed pursuant to his plea agreement. Further, Beckstead admitted that he had been drinking prior to the plea hearing, and the prosecutor could smell the alcohol. This record reflects, at a minimum, a person with some considerable experience with alcohol *271 consumption, if not a substantial drinking problem. There is no shortage of cases demonstrating that people with alcohol problems are often capable of appearing to be sober when in fact they are not. See, e.g., Burradell v. State, 326 Ark. 182, 931 S.W.2d 100, 101 (1996) (involving a defendant who appeared at his plea hearing smelling of alcohol and registering a .13 on a portable breath test but otherwise "display[ing] no outward signs of intoxication"); Cole v. State, 493 So.2d 1333, 1335 (Miss.1986) (finding no probable cause for blood test revealing a blood-alcohol level of .246 because "[n]o aspect of Cole's speech, appearance or behavior in any way indicated that he was under the influence of alcohol"). Accordingly, in light of the trial court's awareness of Beckstead's recent drinking and criminal history involving alcohol, it was insufficient to rely primarily on Beckstead's outward appearance to determine that he was capable of entering his plea.
**10 " 'What is at stake for an accused facing [punishment] demands the utmost solicitude of which courts are capable in canvassing the matter with the accused to make sure he has a full understanding of what the plea connotes and of its consequence.' " State v. Gibbons, 740 P.2d 1309, 1312 (Utah 1987) (quoting Boykin v. Alabama, 395 U.S. 238, 243-44, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969)). While a trial court is not ordinarily required to inquire beyond a defendant's denial of drug or alcohol use, such a duty does arise upon the court's becoming aware that a defendant has been drinking prior to the hearing or may otherwise be impaired. Here, the trial court was advised that Beckstead had been drinking, and Beckstead admitted as much, yet the court made no inquiry into the amount of alcohol that Beckstead had consumed or the amount of time that had elapsed since his last drink. [FN2] These inquiries represent the minimum inquiry necessary to quantify the defendant's state of inebriation and create an informed opinion as to the defendant's capacity to enter a plea. Without such supporting facts, the trial court's finding that Beckstead had the capacity to enter a knowing and voluntary plea lacks a sufficient basis.
FN2. Recognizing, as we have, that a defendant's statements about his or her alcohol consumption may not be reliable, we do not intend this opinion to limit a trial court's ability to employ other means to ensure a defendant's capacity in the appropriate circumstances.
**11 We conclude that the trial court's knowledge that Beckstead had been drinking prior to the hearing triggered a duty of further inquiry to strictly comply with rule 11. Neither Beckstead's self-evaluation that he was not intoxicated nor his outward appearance of sobriety was sufficient to satisfy the court's obligation to ensure that Beckstead's plea to this felony offense was knowing and voluntary. [FN3] Under these circumstances, the trial court did not strictly comply with its rule 11 obligations, and should have allowed Beckstead to withdraw his p
Page 1 2 3 4 5 6 Utah DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|