DUI: RADAR sign showing 36 in a 25 zone properly utilized to confirm officer’s speed estimate, does not constitute a prohibited automated traffic enforcement device, resulting DUI investigation likewise reasonable, suppression of evidence properly denied… speedy trial right not violated by 742 days between arraignment and final trial date… Peterson/Seeley affirmed. [Read more…]
Citizen’s arrest, blocking pursued motorcycle
CITIZEN’S ARREST: Motorist who blocked pursued motorcycle entitled to assert citizen’s arrest statute as defense to negligent endangerment and reckless driving… Wood/ Seeley reversed. [Read more…]
Speedy trial, misdemeanor 6 months calculation
SPEEDY TRIAL: DUI trial set 1 day later under correct calculation of 6-month period for misdemeanors, remanded for dismissal… Wood/Cooney reversed. [Read more…]
PFMA, prior inconsistent statement
PFMA: Corroborating evidence of prior inconsistent statement must be reliable but need not be direct evidence of each element… bodily injury element supported by independent evidence besides wife’s recanted statement… Wood/Reynolds affirmed. [Read more…]
DUI, “welfare check”
DUI arrest following “welfare check” of person slumped over in parked car with engine running & lights on affirmed… Sherlock affirmed (IOR I-3(d)). [Read more…]