DUI: Defendant not impeded from obtaining independent blood draw by confused advisories between supervisor and trainee… Halligan affirmed (memorandum). [Read more…]
Sentencing, 6-month DUI, 552 days to execution
SENTENCING: 6-month DUI sentence long expired during 552 days from notice of appeal remittitur to motion to execute stayed sentence, motion improperly granted… Townsend reversed. [Read more…]
DUI, lawful arrest required for license suspension
DUI: Officer must lawfully arrest a person for DUI before requesting him to submit to a blood or breath test for purposes of a test refusal license suspension… Defendant was lawfully arrested based on anonymous 911 call coupled with officer’s observations… Townsend affirmed. [Read more…]
DUI, crossing/touching lines, photogrammetry
DUI: Particularized suspicion for stopping vehicle based on crossing yellow line early Sunday, plus weaving and touching lane line 2nd time, over testimony of photogrammetry expert… Langton affirmed (IOR I-3(d)). [Read more…]
DUI, erratic driving
DUI: Particularized suspicion to stop based on erratic driving in early morning near bars… Langton affirmed (IOR I-3(d)). [Read more…]
Sentencing, oral/written, prison sex treatment
SENTENCING: Written judgment improperly added parole condition of prison sex treatment to oral pronouncement… outpatient sex treatment as recommended in PSI properly [Read more…]