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Clark v. City of Aberdeen8/8/2000
DATE OF JUDGMENT: 03/31/1999
TRIAL JUDGE: HON. THOMAS J. GARDNER III
COURT FROM WHICH APPEALED:MONROE COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - MISDEMEANOR
TRIAL COURT DISPOSITION: APPELLANT CONVICTED OF 1ST OFFENSE DUI AND FINED $500 AND SENTENCED TO 48-HOURS IN JAIL WITH THE JAIL TIME SUSPENDED
DISPOSITION: AFFIRMED - 08/08/2000
. Appellant Charles A. Clark was arrested and charged with driving while under the influence by Officer Randy Perkins of the City of Aberdeen Police Department on August 16, 1997. Clark was convicted in the Municipal Court of Aberdeen, Mississippi for this charge, and subsequently filed his notice of appeal to the Circuit Court of Monroe County, Mississippi. During the bench trial, Clark moved to dismiss the charge against him based on the grounds that the affidavit was defective. The circuit court denied the motion, and on March 31, 1999, found Clark guilty of the crime charged. The circuit court sentenced Clark to forty-eight hours in the Monroe County jail, suspended, and imposed a fine of $500. On appeal, Clark presents the following issue for our review:
I. THE LOWER COURT COMMITTED REVERSIBLE ERROR FOR FAILING TO GRANT APPELLANT'S MOTION TO DISMISS THE CHARGE AGAINST HIM DUE TO THE CITY'S FAILURE TO CHARGE APPELLANT BY PROPER AFFIDAVIT AS REQUIRED BY LAW.
Finding this assignment of error to be without merit, this Court affirms.
STATEMENT OF THE FACTS
. On August 16, 1997, at approximately 1:24 a.m., the Aberdeen Police Department was notified of an automobile accident. Officer Perkins responded to the call, finding Clark at the scene. Clark told Officer Perkins that "his brakes had failed" and that "he had run through the stop sign and struck Ms. Carothers in the side." Perkins noticed that Clark was having trouble standing, and that he was confused and was stuttering his words. He also noted that Clark smelled strongly of alcohol and had bloodshot and watery eyes. Clark told Officer Perkins he had been drinking. Officer Perkins testified that he then transported Clark from the scene of the accident to the Monroe County Sheriff's Office to run an intoxilyzer test. The test results revealed Clark's blood alcohol level to be .200, a level that exceeds the legal limit. At this point, Officer Perkins prepared the Uniform Arrest Ticket.
. On direct examination, Officer Perkins testified as to the normal procedure for preparing an arrest ticket. He stated that there are four copies in the arrest ticket package, with the violator's copy on the bottom. He testified that he normally pulls the violator's copy out at the time the violator is locked up at the jail, prior to going in front of the court clerk to sign the affidavit portion of the ticket. Officer Perkins also stated that at that time all the information on the ticket, with the exception of his signature, is filled out. He testified that usually the other three copies are then taken over to the court clerk, where the officer signs and swears to the ticket. The clerk then signs her name and title.
. On cross-examination, after testifying again that normal procedure is for an officer to sign and swear to a ticket in front of the clerk after giving the bilateral copy to the violator, Officer Perkins was asked why his signature was on the violator's copy if that copy was supposed to have been torn off prior to the officer signing it. Officer Perkins responded by stating that in this instance, he must have had the violator's copy sent over to Clark after all the remaining copies were sworn to. Officer Perkins was then asked on cross-examination that if this w
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