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State v. Presler6/11/1999
PER CURIAM.
This case came before the Court for oral argument on March 3, 1999, pursuant to an order entered on November 16, 1998, directing the parties to appear and show cause why the issues raised in the defendant's appeal should not be summarily decided. After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown and that the issues raised by the appeal should be summarily decided.
Following his conviction by a Superior Court trial jury on one charge of driving under the influence of liquor or drugs, death resulting, G.L. 1956 § 31-27-2.2, and one charge of driving so as to endanger, death resulting, § 31-27-1(a), and after sentence and entry of final judgment, Joseph Presler (defendant) appeals to this Court seeking reversal of his convictions and a new trial.
I. Case Facts
On March 13, 1994, Rhode Island State Police Corporal Joseph Galino (Galino) was operating his police vehicle in the southbound lane on Interstate Route 95 when he observed a vehicle coming northbound toward him in the roadway. He immediately activated the overhead lights on the police vehicle and attempted to alert the driver of the oncoming vehicle to the fact that it was being operated in the wrong highway. The driver of the oncoming vehicle apparently failed to observe the police cruiser's overhead flashing lights and Galino was forced to swerve away from the oncoming vehicle. As the vehicle passed him, Galino was able to observe in his rearview mirror that the vehicle had turned onto an exit ramp and was proceeding easterly, once again the wrong direction on Interstate Route 195 West. Within minutes, the errant vehicle collided head on with another vehicle traveling westerly on Route 195 West. The operator of that vehicle, Joseph Abilheira, was severely injured and later was pronounced dead at the local hospital. The driver of the errant vehicle, the defendant Joseph Presler, was also injured in the collision and was taken unconscious to the Rhode Island Hospital.
At the hospital, an emergency medical treatment nurse, Teresa Maine (Maine) noticed a strong smell of alcohol from the defendant. In order to facilitate diagnosis and treatment, hospital staff took blood from the defendant to determine, among other things, whether there was any alcohol in his bloodstream. State Police Trooper Raymond Studley who had earlier responded to the accident scene and had attended the defendant there, was present at the hospital when the defendant's blood was taken, but was not in the operating room where the procedure was performed. At one point, when nurse Maine was carrying the blood sample to the hospital laboratory for analysis, Trooper Studley walked along with her to the laboratory and inquired as to the defendant's condition. The test results of the defendant's blood serum revealed a blood alcohol level of .198.
The defendant later was indicted on the two driving death-related charges. Prior to trial on the charges, the defendant moved to suppress the results of the blood alcohol tests performed at the hospital emergency trauma unit. A Superior Court hearing Justice granted that motion. On interlocutory appeal by the state, we reversed and entered an order in State v. Presler, No. 95-722-C.A. (R.I., order filed May 16, 1996), upholding the propriety of the hospital's blood taking and the admissibility of the blood alcohol test results, and remanding the case for trial in the Superior Court.
Apparently not content with our May 16 order, the defendant, after remand, proceeded to file a second motion to suppress the results of the blood-alcohol tests performed at the
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