 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Thomas8/30/2002
The State appeals from the trial court's order granting a motion to suppress evidence filed by the appellee, Randolph Thomas. Thomas was charged in a three-count indictment with murder, a violation of § 13A-6-2, Ala. Code 1975, and two counts of assault in the first degree, violations of § 13A-6-20, Ala. Code 1975.
The State argues that the trial court erred in granting Thomas's motion to suppress a second statement he gave to Trooper Darrell Campbell because, it argues, Thomas was not in custody while he was in the Huntsville Hospital; therefore, it argues, a Miranda v. Arizona, 384 U.S. 436 (1966) warning was not required.
The following evidence was elicited at the hearing on the motion to suppress: At approximately 1:00 p.m. on November 7, 1999, Thomas was involved in a two-vehicle collision at the intersection of Old Railroad Bed Road and Yarborough Road. Trooper Alfred Story, of the Alabama Department of Public Safety, Highway Patrol Division, Madison County, responded and began an investigation of the accident. Volunteers and paramedics at the scene informed him that Thomas appeared to have been drinking. Trooper Story did not speak with Thomas at the accident scene because paramedics were preparing to transport him to Huntsville Hospital.
Because Lori Ann Stephens, a passenger in the other vehicle, died as a result of the accident, Trooper Darrell Campbell, a traffic homicide investigator with the Highway Patrol Division, was called to the scene. Trooper Story left the scene, went to the hospital, and spoke with Thomas. He testified that Thomas was lucid and verbally informed him that he was the driver of one of the vehicles involved in the accident. Thomas informed Trooper Story that he was traveling at approximately 30 miles per hour when he "slid" off the road. Trooper Story testified that he could smell an odor of alcohol on Thomas's breath. He asked him if he had been drinking, and Thomas replied that he had had two beers. Trooper Story testified that he then conferred with Trooper Campbell and Sgt. Bob Phillips, both of whom were present in Thomas's room, informed them that he believed Thomas was under the influence of alcohol, and that they should try to obtain a blood sample. He testified that Thomas was not in custody when he interviewed him because the questions he was asking were merely standard in filling out the accident report. Trooper Story testified that after conferring with the other officers, he arrested Thomas for driving under the influence , issued a Uniform Traffic Ticket and Complaint, informed him that a fatality had resulted from the accident he was involved in, and asked him to take a blood test. Thomas consented to the test and signed the form. Trooper Story testified that he was not involved in any further interviews with Thomas and that Trooper Campbell handled all the paperwork for the blood test. He testified that although Thomas was arrested, he was not taken into custody and was not in custody during his hospital stay. Trooper Story testified that he did not read Thomas his Miranda rights because he arrested him only for driving under the influence.
Trooper Darrell Campbell testified that he arrived at the Huntsville Hospital emergency room, on November 7, 1999, at 4:00 p.m., approximately three hours after the accident had occurred. He testified that he saw Thomas being interviewed by Trooper Story, and that Thomas appeared to be alert. He also testified that based on eyewitnesses, the odor of alcohol on his person, and his interview with the officers, Thomas was placed under arrest for driving under the influence and signed a consent form for a blood sample for testing of his blood-alcohol content. Trooper Campbell further tes
Page 1 2 3 4 5 Alabama DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|