Mayo v. State
Docket Number: | 2001-KM-01975-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 04-22-2003 Opinion Author: King, P.J. Holding: Affirmed |
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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 |
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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 |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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. |
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