State v. Thurman

2006 WL 2129225 (2006)

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Nature of the Case

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Facts

Trooper Gregory Smith testified that he was on duty when he was dispatched to the Lawrence service area on the Kansas turnpike. The dispatcher indicated there had been a hit and run accident. Smith arrived and D waved him down. Smith noticed a strong smell of alcohol coming from D's breath and that D's eyes were bloodshot. D had difficulty removing his license from his wallet. D stated that while he was at the turnpike service area, a truck struck his vehicle and left. D told Smith that he drove east on the turnpike to find the truck. D was unsuccessful in locating the truck so he made a U-turn through the concrete barrier wall on the turnpike and returned to the service area. All the openings in the concrete barrier wall have 'no U-turn' signs. Smith performed field sobriety tests on D and D exhibited three of the four indicators of impairment. D was arrested and transported to the Leavenworth County jail. D agreed to give a breath sample and his blood alcohol tests were 0.078 percent and the sample was taken within 2 hours of driving. Smith did not observe D driving. D admitted to a few beers around 1 p.m. He admitted driving from the service area to find the vehicle that struck his vehicle but never found it; he also admitted making a U-turn on the turnpike. Thurman explained that he had difficulty getting his license out due to the design of his wallet and he has permanent discoloration of his eyes due to a prior chemical burn. The court found that making a U-turn on the turnpike with the speed of the traffic showed impaired judgment. That along with the results of the breath and field sobriety tests were sufficient to establish he was driving under the influence. D was found guilty and appealed.