Mayo v. State


<- Return to Search Results


Docket Number: 2001-KM-01975-COA

Court of Appeals: Opinion Link
Opinion Date: 04-22-2003
Opinion Author: King, P.J.
Holding: Affirmed

Additional Case Information: Topic: DUI first offense - Probable cause
Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: Bench Trial
Nature of the Case: CRIMINAL - MISDEMEANOR

Trial Court: Date of Trial Judgment: 10-29-2001
Appealed from: Copiah County Circuit Court
Judge: Lamar Pickard
Disposition: DRIVING UNDER THE INFLUENCE-FIRST OFFENSE
District Attorney: Alexander C. Martin
Case Number: 2000-0126CR

  Party Name: Attorney Name:  
Appellant: James R. Mayo




JOHN DENVER FIKE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS  

Synopsis provided by:

If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals
hand downs please contact Tammy Upton in the MLI Press office.

Topic: DUI first offense - Probable cause

Summary of the Facts: James Mayo was originally convicted of DUI-first offense and possession of paraphernalia in justice court. He appealed to circuit court which affirmed the conviction of the DUI charge but dismissed the possession charge. Mayo appeals.

Summary of Opinion Analysis: Mayo argues that the court erred in finding that probable cause existed for a DUI violation where the underlying charge of possession of beer was dismissed. The smell of alcohol emanating from a car is enough to provide an officer with probable cause to make an arrest. Here, the officer indicated he observed an open container of beer in Mayo's vehicle, and that Mayo admitted that he had been drinking. In addition, the officer smelled an intoxilyzing substance on Mayo's breath and noticed that he appeared disoriented. Although the charge of possession of beer was later dismissed, the presence of beer provided sufficient probable cause to conduct a search of Mayo and his vehicle.


Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court