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State v. Bourgeois3/14/2001
ghts.
The Pomeroy court, relying on the United State Supreme Court's reasoning in Berkemer v. McCarty, 468 U.S. 420, 104 S.Ct. 3138, 82 L.Ed.2d 317 (1984), held that the roadside questioning of a motorist pursuant to a routine traffic stop does not constitute custodial interrogation sufficient to trigger an advisal of rights as required by the Miranda rule. The defendant was not subjected to custodial interrogation and, thus, the fact that the officer did not advise defendant of his Miranda rights before speaking to him did not violate his constitutional right against self-incrimination.
In the matter before us, we likewise find that the trooper was not required to advise defendant of his Miranda rights before questioning him at the scene of the traffic accident, and the trial court therefore did not err in denying defendant's motion to suppress confession.
In his second assignment of error, defendant asserts that the evidence was insufficient to convict him of the third-offense DWI. Defendant argues that the testimony indicates that at the scene of the accident, he was able to communicate clearly, to sign his name clearly, and to stand without assistance. He further contends that his nervousness and two medical conditions contributed to his unsteady balance and miscommunication with Trooper Galmiche.
In order to convict an accused of driving while intoxicated, the state need prove only that the defendant was operating a vehicle and that he was under the influence of alcohol or drugs. State v. Richoux, 98-374 (La.App. 5 Cir.5/26/98), 714 So.2d 241, 242. In this matter, there is no dispute that defendant was operating a vehicle. Further, the state proved the existence of the two predicate DWI convictions. On appeal, defendant only challenges whether the state proved that he was under the influence of alcohol.
The constitutional standard for evaluating the sufficiency of the evidence is whether, upon viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could find that the state proved all of the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). When circumstantial evidence is used to prove the commission of an offense, La. R.S. 15:438 requires that "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." This is not a separate test to be applied when circumstantial evidence forms the basis of a conviction. All evidence, both direct and circumstantial, must be sufficient to satisfy a rational trier of fact that defendant is guilty beyond a reasonable doubt. State v. Ortiz, 96-1609 (La.10/21/97), 701 So.2d 922, 930.
Intoxication with its attendant behavioral manifestations is an observable condition about which a witness may testify. What behavioral manifestations are sufficient to support a charge of driving while intoxicated must be determined on a case-by-case basis. Some behavioral manifestations, independent of any scientific test, are sufficient to support a charge of driving while intoxicated. State v. Hendon, 94-0516 (La.App. 1 Cir.4/7/95), 654 So.2d 447, 449.
At trial, Brandy Mouton testified that she smelled alcohol on defendant's breath from four feet away. She also stated that he slurred his words when he spoke and he stumbled when he walked. Trooper Galmiche testified that he believed that defendant was alcohol-impaired because his balance was unsteady, he emanated a strong odor of alcohol, his speech was slurred, he had just rear-ended another vehicle, his license was suspended for a prior DWI conviction a
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