 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Sears v. State5/19/1999
le cause for an arrest exists when officer is aware of facts and circumstances, based on reasonably trustworthy information, that are sufficient in themselves to warrant a reasonable belief that an offense has been or is being committed."
Dixon perceived that Sears was visibly intoxicated. Moreover, the information available to Dixon supported two reasonable inferences: that Sears had driven the truck minutes before, and that Sears was currently in physical control of the truck. Either of these inferences supported Dixon's arrest of Sears. Because Sears was intoxicated and because Sears was apparently in current physical control of the vehicle, Dixon had probable cause to believe that Sears was committing a crime (DWI) in his presence. And because Sears was intoxicated and there was probable cause to believe that Sears had just driven the vehicle, Dixon was authorized to arrest Sears under AS 12.25.033.
After the jury returned its verdict, Sears moved for an acquittal, arguing that there was insufficient evidence to support the DWI conviction. Sears' final contention is that Judge Cutler should have granted this motion. To decide a motion for judgment of acquittal based on insufficiency of evidence, we consider the evidence presented at trial and all the inferences arising therefrom in the light most favorable to the state. Viewing the evidence in this manner, we must determine whether a fair-minded juror exercising reasonable judgment could conclude that the state had met its burden of proving guilt beyond a reasonable doubt.
Viewed in the light most favorable to the state, the evidence shows that the Schwaderers watched Sears operate the truck while his friends pushed it in an effort to extricate the vehicle from the snow berm. This evidence, in conjunction with the evidence that Sears' breath-alcohol level was .202 percent, was sufficient to support a conviction for DWI. Accordingly, Judge Cutler properly denied Sears' motion for judgment of acquittal.
We AFFIRM the conviction.
Page 1 2 3 4 Alaska DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|