Murray v. State

457 S.W.3d 446 (2015)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Deputy McClanahan saw D's black truck parked on the side of the road. The vehicle, with its headlights on, was parked partially on an improved shoulder and partially in a driveway near a fireworks stand. The officer could see exhaust vapors leaving the tailpipe of the truck, but he could not see anyone in the vehicle as he drove past it. McClanahan suspected that D may have been attempting to steal fireworks, so he parked and approached on foot. D was reclined in the driver's seat asleep. The engine was running, the truck transmission was in the 'park' position, and the radio was on with the volume turned up. Because of the volume of the radio, McClanahan had to 'beat' on the driver's side window for a few minutes to rouse D. D rolled down the window, and McClanahan immediately smelled alcohol in the truck. D appeared very intoxicated, his movements were sluggish, and his speech was impaired. He asked D whether he had been drinking alcohol, and D responded that 'he'd had a little.' No one else was around and no alcoholic substances or containers were found in the vicinity. Trooper Hart was dispatched to the scene. Hart testified that D failed all of the standard field sobriety tests. D was arrested for DWI. D was convicted and appealed. The appellate court reversed. P appealed.