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Mobley v. City of Starkville

Court of Appeals of Mississippi

November 26, 2013

Bradley MOBLEY a/k/a Bradley J. Mobley a/k/a Bradley Joel Mobley, Appellant
v.
CITY OF STARKVILLE, Mississippi, Appellee.

Page 957

Rodney A. Ray, Columbus, attorney for appellant.

Roy E. Carpenter Jr., Starkville, attorney for appellee.

Before IRVING, P.J., ISHEE and FAIR, JJ.

IRVING, P.J.

¶ 1. In March 2010, in the Starkville Municipal Court, Bradley Mobley entered a plea of no contest to driving under the influence pursuant to Mississippi Code Annotated section 63-11-30(1)(a), (c) (Rev.2013). The municipal court found Mobley guilty. He appealed his conviction to the Oktibbeha County Circuit Court, which, after a trial de novo, also found him guilty of driving under the influence. The circuit court sentenced Mobley to forty-eight hours in the county jail but suspended Mobley's sentence for two years, pending Mobley's good behavior. Feeling aggrieved, Mobley appeals and argues that the circuit court's ruling was against the overwhelming weight of the evidence.

¶ 2. Finding no error, we affirm.

FACTS

¶ 3. On January 23, 2010, Officer Andy Round, with the Starkville Police Department, observed Mobley's vehicle run partially off the road. Officer Round was running a stationary radar while sitting on the north side of Highway 182 in Starkville, Mississippi. Officer Round activated his emergency lights and initiated the traffic stop after seeing Mobley's vehicle run off the side of the road and return to the proper driving lane. Officer Round stated that he suspected that Mobley may have been under the influence of drugs or alcohol.

¶ 4. During the traffic stop, Officer Round smelled alcohol on Mobley's breath and noticed that Mobley's eyes were bloodshot. However, Mobley responded appropriately to Officer Round's questions and had no noticeable trouble complying with Officer Round's requests. Officer Round asked Mobley how much he had had to drink, and Mobley responded by stating that he had had " a couple of mixed drinks." Officer Round requested that Mobley submit to a portable breath test, to which Mobley complied. The results registered positive for the presence of alcohol.

¶ 5. Next, Officer Round administered the horizontal-gaze-nystagmus (HGN) test, where he observed all six of the recognized signs of an impaired driver. Additionally, Officer Round noted that Mobley placed his hands on his car to maintain his balance throughout the traffic stop. Officer Round placed Mobley under arrest and transported him to the Starkville Police Department. Once there, Officer Round,

Page 958

though certified to administer the Intoxilyzer, used an access-operator card belonging to Officer Josiah Buckner, also with the Starkville Police Department, to access and administer the Intoxilyzer. Mobley consented to the test, and the results of the Intoxilyzer indicated that Mobley's blood-alcohol-content level was .09 percent. The Intoxilyzer results were admitted into evidence without objection from Mobley's counsel.

¶ 6. Officer Round admitted that on the day that he administered the test to Mobley, he had not received his certification card from the Mississippi Department of Public Safety, located in Jackson, Mississippi. He explained that his access-operator card arrived two days after Mobley's arrest. Further, although Officer Round administered the test, ...


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