Ouzts v. State
| Docket Number: | 2005-KM-00432-COA Linked Case(s): 2005-KM-00432-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-26-2006 Opinion Author: Myers, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: DUI first offense & Reckless driving - Venue - Reckless driving - Section 63-3-1201 - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: Bench Trial Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 02-11-2005 Appealed from: Holmes County Circuit Court Judge: Jannie M. Lewis Disposition: CONVICTION OF DUI FIRST OFFENSE, AND FINED $700, SENTENCED TO 48 HOURS OF COMMUNITY SERVICE IN HOLMES COUNTY, ATTEND THE MASEP PROGRAM; CONVICTED OF RECKLESS DRIVING AND FINED $154. District Attorney: JAMES H. POWELL III Case Number: 11,394 |
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| Party Name: | Attorney Name: | |||
| Appellant: | David Ouzts a/k/a David Lee Ouzts |
K. ELIZABETH DAVIS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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 & Reckless driving - Venue - Reckless driving - Section 63-3-1201 - Sufficiency of evidence |
| Summary of the Facts: | David Ouzts was convicted in the Holmes County Justice Court of driving under the influence first offense and reckless driving. Ouzts appealed to circuit court which affirmed. Ouzts appeals. |
| Summary of Opinion Analysis: | Issue 1: Venue Ouzts argues that venue was not proper in Holmes County due to the stop occurring in Leflore County. Venue is properly established through the testimony of the officer. Here, the officer testified that he first observed Ouzts in Holmes County where he was conducting a stop of another driver and that he pursued Ouzts into Leflore County. The crime of DUI first offense was committed in Holmes County; therefore, venue was proper. Issue 2: Reckless driving Ouzts argues that there was not enough evidence to convict him of reckless driving, because there was a lack of evidence of other cars or people on the highway that could have been endangered by his driving. The terms “safety of persons or property” in section 63-3-1201, the reckless driving statute, applies not only to the public, but to the defendant as well. Here, the evidence shows that Ouzts posed a danger not only to himself, but to the officer. Issue 3: DUI first offense Ouzts argues that there was insufficient evidence to support his conviction for driving under the influence of alcohol, because there is no scientific testing which indicates any alcohol in his blood or on his breath. Officers can offer opinion testimony as to the intoxication of an impaired driver. Here, the officer testified that at the time of the stop Ouzts smelled of alcohol, was unsteady on his feet, had slurred speech, and had blood-shot eyes. During the stop the officer administered a portable breath test that registered Ouzts’ blood alcohol level over the legal limit of 0.08%. Although Ouzts refused to submit to the Intoxilyzer test, there was sufficient evidence presented at trial to support Ouzts’ conviction on common law DUI. |
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