 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Stamper v. State3/24/1998
MARTIN L. STAMPER A/K/A "MARTY", APPELLANT v. STATE OF MISSISSIPPI, APPELLEE
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
DATE OF JUDGMENT: 05/18/95
TRIAL JUDGE: HON. LARRY EUGENE ROBERTS
COURT FROM WHICH APPEALED: LAUDERDALE COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: FELONY D.U.I.: SENTENCED TO 5 YRS; 4 ½ YRS SUSPENDED; 5 YRS PROBATION; PAY $5,000 FINE AND COURT COSTS OF $184.50; DEFENDANT IS TO ATTEND ALCOHOLICS ANONYMOUS MEETINGS; DRIVING LICENSE SUSPENDED FOR 5 YRS
DISPOSITION AFFIRMED - 3/24/98
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
Martin L. Stamper was tried on April 18-20, 1995, for third offense, driving under the influence (DUI)-felony DUI-by a jury in the Lauderdale County Circuit Court. Stamper's blood-alcohol content (BAC) was.209-- more than twice the legal limit in Mississippi. Stamper was sentenced to five years in the custody of the Mississippi Department of Corrections with four and one-half years suspended and five years probation. Also, Stamper's driver's license was suspended for five years, and he was ordered to attend Alcoholics Anonymous meetings, to pay a $5000 fine, and court costs of $184.50. Stamper now appeals on four issues:
I. The trial Judge erred when he denied Stamper's request to dismiss the felony charge of DUI on the ground that administrative suspension of his driver's license following his arrest on November 13, 1993 constituted punishment under the fifth amendment double jeopardy clause, and therefore prohibits any subsequent criminal prosecution for the offense of DUI;
II. The trial Judge erred when he admitted into evidence Justice and municipal court abstracts reflecting Stamper's two prior misdemeanor convictions of driving under the influence ;
III. The initial stop, subsequent detention, and arrest of Stamper by law enforcement authorities was not lawful; and
IV. The trial Judge abused his judicial discretion when he denied Stamper's request to bifurcate his trial on the issues of guilt and punishment.
FACTS
Martin Stamper was arrested on November 13, 1993, for DUI and improper lane usage at approximately 2:23 a.m. by Meridian Police Officer Artis Johnson. The officer followed Stamper for about a quarter of a mile before stopping him for improper lane usage. Johnson detained Stamper for investigation of DUI. Stamper performed field sobriety tests pursuant to Johnson's request, although Stamper contends that his detention was not voluntary nor based on reasonable grounds or probable cause. Stamper subsequently submitted to an official chemical test of his blood alcohol content (BAC), and based on this test he was charged with violating the DUI statute--§ 63-11-30(1)(c) of the Mississippi Code Annotated (1972), and his license was suspended pursuant to § 63-11-23(2) (Supp. 1992). Officer Chuck Fowler, who had been summoned to the scene to help determine whether Stamper was physically impaired, seized Stamper's license and provided him with a notice that his license would be suspended due to his BAC registering in excess of.10%.
Subsequently, Stamper was tried in the Circuit Court of Lauderdale County. A jury found him guilty of felony DUI. Stamper now appeals to this court. Stamper contends that because his license was, in effect, suspended for more than one year, then he has already been punished for felony DUI, and the State is prohibited from further prosecution. In other words, Stamper claims that the ad
Page 1 2 3 4 5 Mississippi DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|