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Miller v. State

Court of Appeals of Mississippi

December 2, 2014

STACY L. MILLER A/K/A STACY LIDDELL MILLER A/K/A STACY MILLER, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 10/15/2013.

Page 1185

COURT FROM WHICH APPEALED: MONTGOMERY COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. JOSEPH H. LOPER JR. TRIAL COURT DISPOSITION: CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL, FIRST OFFENSE, AND SENTENCED TO FORTY-EIGHT HOURS IN JAIL, WITH THE SENTENCE SUSPENDED UPON PAYMENT OF A $550.50 FINE PLUS COURT COSTS.

FOR APPELLANT: MARK KEVIN HORAN.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: STEPHANIE BRELAND WOOD.

BEFORE IRVING, P.J., FAIR AND JAMES, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. BARNES, J., CONCURS IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION.

OPINION

NATURE OF THE CASE: CRIMINAL - MISDEMEANOR

Page 1186

JAMES, J.

¶1. Stacy Miller was charged with driving under the influence of alcohol after being stopped at a license checkpoint and registering a .10% blood-alcohol concentration (BAC) on the Intoxliyzer 8000. After being convicted as a first-time offender in justice court, Miller appealed to the Circuit Court of Montgomery County, Mississippi. The circuit court affirmed his conviction, and he was sentenced to pay a fine of $550.50 plus court costs and to forty-eight hours in jail, to be suspended upon the payment of the fine and court costs. Miller appeals raising the following issues: (1) whether the trial court erred in holding that the officer had probable cause to administer the portable breathalyzer; and (2) whether the trial court erred in failing to exclude the intoxilyzer results.

FACTS

¶2. The Montgomery County Sheriff's Department and the Mississippi Highway Patrol were conducting a license checkpoint on Mississippi Highway 407 in the Poplar Creek area of Montgomery County on July 5, 2012. Miller arrived at the checkpoint around 9:30 p.m. Mississippi Highway Patrol Trooper Josh McBride encountered Miller at the checkpoint. Trooper McBride testified that he asked for Miller's driver's license and he noticed several empty beer containers on the driver's floorboard. Trooper McBride also smelled a strong order of alcohol in the car and then inquired about Miller's alcohol consumption.

¶3. Miller admitted that he, along with a few friends, had gone fishing and had several beers. Trooper McBride then offered Miller a portable breath test. Miller submitted to the breath test, which detected alcohol, and Trooper McBride ordered Miller out of the vehicle. When Miller stepped out, Trooper McBride testified that Miller seemed to be unsteady on his feet. Trooper McBride then noted that there was a strong alcohol odor emanating from Miller's person, and Miller was transferred to Montgomery County Emergency Operations Center. Miller was then tested on the Intoxilyzer 8000 around 10:15 p.m. Miller registered a .10% BAC and was charged with driving under the influence of alcohol.

¶4. Miller was convicted in justice court and appealed to the Circuit Court of Montgomery County. The circuit court also found Miller guilty, and he was ordered to pay a fine of $550.50 plus court costs, and was sentenced to forty-eight hours in jail, ...


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