Martin v. State
| Docket Number: | 2009-KM-01026-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-07-2010 Opinion Author: Carlton, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: DUI first offense - Probable cause for traffic stop - Section 63-3-1213 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Concurs in Result Only: Irving, J. Procedural History: Bench Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-26-2009 Appealed from: Lafayette County Circuit Court Judge: Andrew K. Howorth Disposition: CONVICTED OF DUI, FIRST OFFENSE AND SENTENCED TO SERVE 48 HOURS IN THE LAFAYETTE COUNTY DETENTION CENTER WITH THE SENTENCE SUSPENDED ON HIS GOOD BEHAVIOR, AND FINED $1,000 PLUS COURT COSTS District Attorney: BELA JAY CHAIN III (County Prosecutor) Case Number: LK07-402JC |
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| Party Name: | Attorney Name: | |||
| Appellant: | Tony Martin |
MARK NICKELS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: STEPHANIE BRELAND WOOD |
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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. |
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| Topic: | DUI first offense - Probable cause for traffic stop - Section 63-3-1213 |
| Summary of the Facts: | Tony Martin was pulled over for careless driving by Trooper Hamblin. When questioning Martin during the traffic stop, Trooper Hamblin noticed the smell of alcohol emanating from Martin. He also noticed that Martin’s eyes were bloodshot. Trooper Hamblin administered the Intoxilyzer 8000 test to Martin, which provided a result of .08 percent blood-alcohol concentration. Martin was eventually found guilty of DUI, first offense, by the Lafayette County Justice Court. Martin appealed, and the circuit court affirmed the justice court’s finding that Martin was guilty of DUI, first offense, based on the evidence that his Intoxilyzer 8000 test revealed a blood-alcohol concentration of .08%. The circuit court also held that Trooper Hamblin possessed probable cause to stop Martin for careless driving. Martin appeals. |
| Summary of Opinion Analysis: | Martin argues that the circuit court erred in finding that Trooper Hamblin showed that sufficient probable cause existed for the traffic stop, because Martin’s driving behavior on that night raised no suspicion to constitute the elements necessary for the stop. Martin's “bumping” the fog line with his car constituted, in Trooper Hamblin’s opinion, a violation of section 63-3-1213. The decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred. Failure to have regard for the width and use of the street by swerving off the side of the road or crossing the marker lines constitutes probable cause for a traffic stop. Thus, the circuit court did not err in finding that probable cause existed for the traffic stop. |
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