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State v. Bourgeois3/14/2001
ndant, advised him of his constitutional rights and transported him to the lockup at the Jefferson Parish Prison. Once there, Trooper Galmiche interviewed defendant and advised him of his constitutional rights relative to the chemical test for intoxication. During this interview, defendant stated that he had not been drinking alcohol earlier. Defendant also refused to submit to a breath-alcohol test.
Trooper Galmiche testified that he believed that defendant had been drinking alcohol and that he was alcohol-impaired prior to the accident. He based his belief on several factors, including the fact that defendant hit another vehicle from behind, defendant's lack of balance, the strong odor of alcohol on defendant's breath, defendant's slurred speech, defendant's driving while his license was suspended for a prior DWI, defendant's refusal to take the field sobriety tests, and defendant's refusal to take the breath-alcohol test.
Defendant testified on his own behalf at trial. He admitted that he was involved in a minor traffic accident on September 15, 1999. Defendant testified that another driver pulled in front of him in traffic and he ran into that vehicle. He testified that while they were waiting for the police to arrive, he stayed at least ten or fifteen feet away from the driver of the other car. Defendant also testified that he was nervous when the police arrived because he had a suspended license and he knew he "shouldn't have been driving." He testified that the state trooper did not get closer than "a truck length across, maybe four feet" from him until the trooper handcuffed him.
Defendant testified that he told the trooper that he had not been drinking that day. He explained that he refused to submit to the field sobriety test because he was "embarrassed taking something like that." Also, since he had taken the test before, he knew that he could not perform "that second one" because his balance was "way off." He testified that as the result of an equilibrium problem which was diagnosed in 1984, "I can't hold my leg up." He testified that he also informed the state trooper about his hearing loss which causes him to "talk low sometimes" and to have to ask people to repeat themselves. Finally, he refused the breath-alcohol test because he "didn't feel guilty enough to take the test."
At trial, the state also introduced evidence, including the bill of information, minute entry, fingerprints, and Boykin forms, of defendant's two previous DWI convictions.
DISCUSSION
In his first assignment of error, defendant argues that his inculpatory statement at the scene of the accident was elicited in violation of the Constitutions of the United States and the State of Louisiana, and that the trial court erred in failing to suppress his statement. This argument concerns defendant's statement to Trooper Galmiche that he had one beer on the morning of the accident. He contends that his inculpatory statement was made while he was being detained, but before he was informed of his right to remain silent, as required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
This Court has previously addressed this issue in State v. Pomeroy, 97-1258 (La.App. 5 Cir.5/13/98), 713 So.2d 642. In Pomeroy, the defendant hit a parked van. When a police officer approached the defendant after the accident, the officer detected the smell of alcohol. The police officer asked defendant if he had been drinking alcohol, and defendant stated that he had four beers. On appeal, the defendant moved to suppress the allegedly inculpatory statement as a statement made during a custodial interrogation, in which he was not advised of his Miranda ri
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