McDonald v. City of Aberdeen
| Docket Number: | 2003-KM-01602-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-14-2004 Opinion Author: Irving, J. |
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| Additional Case Information: |
Topic: DUI first offense - Improper stopping - Possession of open container - Sufficiency of evidence - Double jeopardy Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: Bench Trial Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 06-16-2003 Appealed from: Monroe County Circuit Court Judge: Thomas J. Gardner Disposition: DEFENDANT CONVICTED OF DUI, FIRST OFFENSE: SENTENCED TO TWO DAYS’ INCARCERATION IN THE MONROE COUNTY JAIL, WITH SENTENCE SUSPENDED, AND PAYMENT OF $1,000 FINE. DEFENDANT PLACED ON UNSUPERVISED PROBATION FOR 180 DAYS AND REQUIRED TO ATTEND AND COMPLETE AN ALCOHOL SAFETY EDUCATION PROGRAM. CHARGES OF IMPROPER STOPPING AND POSSESSION OF AN OPEN CONTAINER WERE DISMISSED. Case Number: CR-03-004 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Michael Thomas McDonald |
MOSE LEE SUDDUTH |
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| Appellee: | City of Aberdeen | ROBERT H. FAULKS |
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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 - Improper stopping - Possession of open container - Sufficiency of evidence - Double jeopardy |
| Summary of the Facts: | The Municipal Court of the City of Aberdeen found Michael McDonald guilty of driving under the influence, first offense, improper stopping, and possession of an open container of beer. McDonald appealed to circuit court. The court found McDonald guilty of driving under the influence, first offense, but dismissed the charges of improper stopping and possession of an open container of beer. McDonald appeals, and the City of Aberdeen cross-appeals. |
| Summary of Opinion Analysis: | Issue 1: DUI charge McDonald argues that the court erred in failing to grant his motion to dismiss the DUI charge because the City of Aberdeen failed to prove beyond a reasonable doubt that he was under the influence of an intoxicating substance at the time of his arrest. Ample evidence was offered by the City in support of McDonald’s DUI conviction. The police officer who responded to the scene testified that he found McDonald slumped over the steering wheel with the motor running and had to beat on McDonald’s window several times before waking him. The officer further testified that when McDonald finally woke up, he was disoriented and looked around as if he was lost and that he could smell a strong odor of alcohol emanating from McDonald. Issue 2: Possession of open container The City argues that it offered sufficient evidence that McDonald was in possession of an open container of beer and that the law does not require that the beer container be offered into evidence or that there be laboratory confirmation of its alcoholic content. The City also argues that the ticket written by the arresting officer sufficiently charged McDonald with improper stopping on a highway. Although the traffic ticket given to McDonald was legally sufficient to charge him with improper stopping, to retry McDonald on this charge would be a violation of his constitutional rights. The dismissal of the open-container and improper stop charges against McDonald was, in effect, an acquittal of the charges for which he was being tried. A reversal of his acquittal for a second trial would violate McDonald’s constitutional right to protection from double jeopardy. |
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