Drunk Driver's Sloppy Parking Results in DUI Conviction
by
Joseph C. Maya on Apr. 21, 2017
Accident & Injury Accident & Injury Car Accident Criminal DUI-DWI
Summary: Blog post a drunk driver who was given a DUI after illegally parking while under the influence of alcohol.
For a free consultation with an experienced criminal defense attorney, please call the offices of Maya Murphy, P.C. today at (203) 221-3100 or Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
In the case of State v. Higgins, the state charged a driver with operating under the influence (DUI).Under Connecticut law, the driver moved to suppress evidence related to his detention and arrest on those charges. The driver argued that the police officers lacked reasonable suspicion or probable cause to place him under arrest and therefore any evidence obtained incident to his arrest was to be suppressed.
The trial court found, based on the totality of the circumstances, that the trooper, who had four years of experience and training in DUI enforcement, had a reasonable and articulable suspicion that the driver was engaged in criminal activity, i.e., DUI. The trooper had just interviewed defendant in relation to the illegally parked vehicle and told him to move the car or it would be towed. The trooper observed at that time that the driver appeared to be intoxicated. When the trooper next encountered the vehicle exiting the road, he clearly observed the driver operating the vehicle. The trooper noted that the driver appeared to be highly intoxicated, had trouble standing, was belligerent, and slurred his words. There was a strong odor of alcohol. The trooper clearly had a reasonable and articulable suspicion that the driver was driving while intoxicated.
The trial court denied the motion. “The court concludes, based on the totality of the circumstances, that the trooper had a reasonable and articulable suspicion that [the driver] was engaged in criminal activity, i.e., operating a vehicle while under the influence of alcohol” said the court. “The trooper had just interviewed [the driver] in relation to the illegally parked vehicle. The trooper had observed at that time that [the driver] appeared to be intoxicated. When the trooper next encountered the vehicle exiting the road, he clearly observed [the driver] now driving the vehicle. The trooper clearly had a reasonable and articulable suspicion that [the driver] was driving while intoxicated.”
Maya Murphy P.C. has the resources and expertise to offer you the best possible representation throughout the criminal process. If you are facing criminal charges or wish to appeal your case, please call the offices of Maya Murphy, P.C. today at (203) 221-3100 or Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
Source: State v. Higgins, 2003 Conn. Super. LEXIS 1905, 2003 WL 21675877 (Conn. Super. Ct. July 1, 2003)
