 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Burgess7/20/2001
Submitted on Briefs: April 24, 2001
Daniel Burgess appeals from the judgment of conviction entered in the Superior Court (Androscoggin County, Delahanty, J.) following a jury waived trial for operating a motor vehicle while his license was revoked based on his status as an habitual offender (Class C) in violation of 29-A M.R.S.A. § 2557 (Supp. 2000), and for operating while under the influence (Class D) in violation of 29-A M.R.S.A. § 2411 (1996 & Supp. 2000). On appeal, Burgess contends that the court's denial of his motion to suppress the evidence procured after the stop of his vehicle was in error because the police officer lacked a reasonable articulable suspicion for making the stop. Burgess additionally contends that, even if the motion to suppress was correctly denied, the court erred in denying his motion for acquittal because the parking lot driveway in which Burgess was operating his vehicle was not a "public way," as defined by 17-A M.R.S.A. § 505(2) (1983). Because we conclude that the police officer had a reasonable articulable suspicion for making the stop and because Burgess was operating on a "public way," we affirm both convictions.
FACTUAL BACKGROUND
On March 23, 2000, Officer Barry Kelly of the Lewiston Police Department received a call from his dispatcher informing him of a complaint that a highly intoxicated male had threatened to take a gun out of his glove compartment and shoot holes in the vehicle parked behind him if it was not moved. The dispatcher advised Officer Kelly of the make, model, color, and plate number of the individual's vehicle, and that the conduct was occurring in a specified apartment building parking lot. When Officer Kelly arrived at the parking lot, he found neither the individual nor the vehicle in question.
Later that day, Officer Kelly contacted the complainant by phone to discuss the incident further. The complainant indicated that he had witnessed the individual in question driving while intoxicated on several occasions, it had become very serious, he was concerned that somebody was going to get killed due to the man's drunk driving , and he was concerned for the safety of his family. Officer Kelly testified at the suppression hearing that after the conversation he "felt as though this was a very important case to follow-up . . . ."
On March 25, Officer Kelly returned to the apartment building. He indicated that the parking lot was located in the rear of the building, and a long driveway connected the parking lot with the only entrance and exit to the road. Officer Kelly drove into the driveway and observed a vehicle heading toward him on the driveway that matched the description previously provided to him. Officer Kelly proceeded to stop the vehicle, identify Burgess as the driver and question him. He testified that he made the stop to investigate Burgess's version of the events of March 23, that he saw no evidence of erratic driving or behavior, and that he had received no information on March 25 to lead him to believe the defendant was intoxicated. On making contact, Officer Kelly testified that Burgess's eyes were glossy and red, and he smelled "very strongly" of alcohol. The evidence indicates that Burgess began drinking at his home, elsewhere in the Lewiston-Auburn area. He then drove from his home to a bowling alley, drank some more beer, and drove to the apartment parking lot where he was stopped by Officer Kelly. When asked by Officer Kelly if he had driven from the bowling alley to the parking lot, Burgess, seated in the driver's seat, replied "I am seated here, aren't I." After Burgess failed several field sobriety tests, Officer Kelly placed him under arrest.
Burge
Page 1 2 3 Maine DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|