Bondegard v. State
| Docket Number: | 2010-KM-01727-COA Linked Case(s): 2010-KM-01727-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-22-2011 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Misdemeanor DUI first offense - Probable cause for arrest - Section 63-11-30(1) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and Russell, JJ. Non Participating Judge(s): Myers, J. Procedural History: Bench Trial Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 09-20-2010 Appealed from: Amite County Circuit Court Judge: Forrest Johnson Disposition: CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR, FIRST OFFENSE, AND SENTENCED TO FORTY-EIGHT HOURS IN THE AMITE COUNTY JAIL, SUSPENDED UPON PAYMENT OF A $1,000 FINE, COMPLETION OF AN AL COHOL SAFETY PROGRAM, AND THREE YEARS OF NONREPORTING PROBATION Case Number: 10-KR-002 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Eric Bondegard |
GARY L. HONEA |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER |
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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: | Misdemeanor DUI first offense - Probable cause for arrest - Section 63-11-30(1) |
| Summary of the Facts: | Eric Bondegard was convicted of misdemeanor driving under the influence of intoxicating liquor, first offense. Bondegard appeals. |
| Summary of Opinion Analysis: | Bondegard argues that the circuit court erred when it declined to conclude that the state trooper had no probable cause to arrest him. Bondegard claims that the trooper’s arrest was illegal because there was no evidence that he was “operating” his pickup truck on a public road as set forth in section 63-11-30(1). But Bondegard did not raise this issue at trial which bars it on appeal. Bondegard also claims that the trooper did not arrest him when the “time was ripe” and that the trooper arrested him on a hunch, rather than reasonable suspicion that Bondegard was driving under the influence of alcohol. A warrantless arrest is lawful if at the moment the arrest was made, the officers had probable cause to make it — if at that moment the facts and circumstances within their knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the petitioner had committed or was committing an offense. The trooper testified that he smelled alcohol on Bondegard’s person when they first encountered each other at the C-Store. He testified that Bondegard became very nervous when he saw the trooper. Bondegard fumbled with his credit card. He bought beer, cigarettes, and a hot dog; he then left them on the counter while he went outside to make phone calls. But the trooper testified that he did not think he had probable cause to arrest Bondegard at that time. Approximately fifteen minutes after someone had picked up Bondegard at the C-Store, he drove Bondegard back to the C-Store. The trooper watched as Bondegard got into his pickup truck and left the C-Store parking lot. Bondegard missed the parking lot entrance and drove into a ditch. Bondegard drove into the ditch so violently that his tires left the surface of the road. Thus, the trooper clearly articulated facts that would cause a reasonably prudent person to believe that Bondegard was driving under the influence of alcohol. |
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