Saucier v. City of Poplarville
| Docket Number: | 2002-KM-01873-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-04-2003 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: DUI first offense - Probable cause - Proof of intoxication Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 10-24-2002 Appealed from: Pearl River Circuit Court Judge: John Kitchens Disposition: GUILTY OF DRIVING UNDER INFLUENCE District Attorney: Nova A. Carroll Case Number: A-1520-1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Tami Saucier |
THOMAS M. MATTHEWS |
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| Appellee: | City of Poplarville | NOVA A. CARROLL |
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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 - Proof of intoxication |
| Summary of the Facts: | Tami Saucier was charged with careless driving and driving under the influence of intoxicating liquor. She entered a nolo contendre plea in municipal court and then appealed to circuit court. Saucier was found guilty of driving under the influence, first offense, and she appeals. |
| Summary of Opinion Analysis: | Issue 1: Probable cause Saucier argues that there was no probable cause for the police officer to conduct a traffic stop. The decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred. The vehicle that Saucier was driving repeatedly crossed over the center line. The officer's observations of this were sufficient for him to conclude that the traffic violation of careless driving had occurred. Saucier also argues the results of the field sobriety test should be suppressed, because there was not sufficient basis to believe that she was intoxicated. Probable cause to administer a field sobriety test can be the basis of probable cause to arrest and administer a breath test. Here, the officers smelled alcohol and observed that Saucier's eyes were glassy and bloodshot, that she swayed, and that she could not adequately perform two field sobriety tests. Therefore, it was not clearly erroneous for the court to conclude there was probable cause to administer the Intoxilizer exam. Issue 2: Proof of intoxication Saucier argues that there is no evidence indicating she was intoxicated. Saucier was given a field sobriety test and a "finger-count" test. The officer stated that she was unable to pass these tests of coordination. In addition, the officers testified about slurred speech, smell of alcohol, and glazed eyes. This evidence was sufficient for the judge to conclude in fact that Saucier was intoxicated. |
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