Evers v. City of Starkville
| Docket Number: | 2007-KM-02049-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-25-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: DUI first offense - Probable cause Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts, and Carlton, JJ. Procedural History: Bench Trial Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 10-16-2007 Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: CONVICTED OF DRIVING UNDER THE INFLUENCE, FIRST OFFENSE, AND SENTENCED TO PAY A FINE OF $500 AND CONVICTED OF CARELESS DRIVING AND SENTENCED TO PAY A FINE OF $50 District Attorney: CITY OF STARKVILLE PROSECUTING ATTORNEY ROY E. CARPENTER JR. Case Number: 2006-0301-CR1 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | MICHAEL S. EVERS, JR. |
MOSE LEE SUDDUTH JR. |
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| Appellee: | CITY OF STARKVILLE, MISSISSIPPI | ROY E. CARPENTER JR. | ||
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. |
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| Topic: | DUI first offense - Probable cause |
| Summary of the Facts: | Michael Evers Jr. was found guilty in the Municipal Court of Starkville of driving under the influence, first offense, and careless driving. He appealed his conviction to the Circuit Court of Oktibbeha County. After a bench trial, the trial court affirmed his conviction, suspended his driver’s license, ordered him to attend the Mississippi Alcohol Safety Education Program, and ordered him to pay a fine of $500 for the DUI charge and a $50 fine for the careless driving charge. Evers appeals. |
| Summary of Opinion Analysis: | Evers argues the trial court erred in denying his motion to dismiss because the City failed to prove there was probable cause for the initial traffic stop and that he was not driving carelessly when he was pulled over for careless driving. The officer testified that he was assisting with a wreck on Highway 182 and Nash Street when he observed Evers’s car coming toward him in the wrong lane of the road. Multiple patrol cars were parked on the side of the road with their blue lights flashing. The vehicle swerved all the way into the opposing lane of traffic. The other officers at the scene of the wreck had to jump out of the way of Evers’s vehicle. Thus, the City presented sufficient facts to show that Cook had probable cause to stop Evers for careless driving. |
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