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State v. Bourgeois3/14/2001
AFFIRMED.
STATEMENT OF THE CASE
On November 18, 1999, the Jefferson Parish District Attorney's Office filed a bill of information charging defendant, Anthony G. Bourgeois, with third-offense driving while intoxicated ("DWI"), a violation of La. R.S. 14:98(D). On March 2, 2000, defendant was arraigned and entered a plea of not guilty.
On March 27, 2000, defendant filed a motion to suppress confession, motion to suppress evidence, and motion for bill of particulars, discovery and inspection and production of documents. The minute entry dated April 7, 2000 indicates that the state provided open file discovery to the defense.
On June 13, 2000, the state and defendant agreed to present evidence with respect to the motion to suppress confession and hold defendant's trial at the same time, as defendant had waived his right to a jury trial. At the conclusion of the bench trial, the trial court denied defendant's motion to suppress confession, and further found defendant guilty as charged.
On June 23, 2000, the trial court sentenced defendant to two years imprisonment at hard labor, with 18 months suspended and six months of home incarceration. The trial court also placed defendant on two years active probation following his release from home incarceration.
The trial court further imposed the following special conditions of probation on defendant: payment of a $2,000.00 fine as required by La. R.S. 14:98(D); payment of courts costs; payment of a $50.00 monthly probation supervision fee; and payment of a $100.00 Jefferson Parish Commissioner's fee. The trial court also ordered defendant to complete a driver improvement program as directed by the probation department and to submit to a substance abuse evaluation and treatment to be overseen by the probation department. Finally, the trial court ordered the impoundment and sale of the vehicle that defendant was driving at the time of incident, if it was his vehicle, as also required by La. R.S. 14:98(D). This appeal ensued.
FACTS
On September 15, 1999, Brandy Mouton was on her way to work when the vehicle that she was driving was struck from behind. She was rear-ended while she was waiting to turn from Louisiana Highway 23 onto Meadowcrest Boulevard. Although Ms. Mouton was not injured in the wreck, the damage to her vehicle totaled $1,700.00. When Ms. Mouton approached the driver of the other vehicle, she smelled alcohol on his breath from three or four feet away. She also noticed that he slurred his words when he spoke and that he stumbled when he walked. At trial, she identified defendant as the driver of the other vehicle.
Trooper Huey Galmiche of the Louisiana State Police testified that on the morning of September 15, 1999, he investigated a minor traffic accident in front of Meadowcrest Hospital. When he arrived at the accident scene, he observed that the drivers had moved their vehicles out of the lanes of travel and that Ms. Mouton's car was on Meadowcrest Boulevard and that defendant's truck was on the shoulder of Louisiana Highway 23.
While he was investigating the accident, the trooper learned that defendant did not have a driver's license with him because it was suspended. The trooper also noticed that defendant's balance was poor and that he was swaying. The trooper further "detected a strong odor of alcoholic beverage on [defendant's] breath." The trooper asked defendant where he had been and where he was heading. Defendant responded that he had been at work and that he had one beer to drink.
When Trooper Galmiche asked defendant to submit to field sobriety tests, defendant refused. Trooper Galmiche arrested defe
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