RYAN RHYMER A/K/A RYAN P. RHYMER A/K/A RYAN PATRICK RHYMER APPELLANT
STATE OF MISSISSIPPI APPELLEE
DATE OF JUDGMENT: 08/14/2013
OKTIBBEHA COUNTY CIRCUIT COURT HON. LEE SORRELS COLEMAN TRIAL JUDGE:
ATTORNEY FOR APPELLANT: LANCE O'NEAL MIXON
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS
DISTRICT ATTORNEY: FORREST ALLGOOD
BEFORE IRVING, P.J., ISHEE AND CARLTON, JJ.
¶1. Ryan Rhymer appeals the Oktibbeha County Circuit Court's judgment finding him guilty of driving under the influence (DUI), first offense, and careless driving. On appeal, Rhymer argues his DUI and careless-driving convictions are against the overwhelming weight of the evidence. Finding no error, we affirm.
¶2. The Oktibbeha County Justice Court convicted Rhymer of DUI in Cause No. 2012-0399-CRA and of careless driving in Cause No. 2012-0400-CRA. Rhymer appealed his convictions to the circuit court, which tried the two causes together in a trial de novo by bench trial.
¶3. During the trial, Deputy Tim Cook testified that, just before 2 a.m. on July 20, 2012, he pulled Rhymer over after witnessing Rhymer's truck weave across the center lane of traffic. Deputy Cook testified that when he approached Rhymer's truck he smelled alcohol coming from inside the vehicle and saw an open beer can inside the truck. According to Deputy Cook's testimony, he never noticed tobacco or anything else inside Rhymer's mouth when speaking with Rhymer.
¶4. Following the traffic stop, Deputy Cook had Rhymer blow into a portable breath-test machine, which registered a positive result for alcohol. After arriving at the sheriff's department, Rhymer agreed to submit to a second test. Following the automated screen prompts from the Intoxilyzer 8000, Deputy Cook administered the second test. The test results from the two breath samples submitted by Rhymer indicated that Rhymer had a breath-alcohol concentration (BAC) of 0.10 percent.
¶5. Rhymer's coworkers Cody Smith and Jason Johnson also provided trial testimony. Smith testified that he ate dinner with Rhymer around 7:30 p.m. the evening before Rhymer's arrest and then went back out with Rhymer from around 9 p.m. to 1:30 a.m. Smith testified that Rhymer consumed several alcoholic beverages during their time together but did not consume any more alcohol after midnight. Smith further testified that Rhymer never appeared to be impaired or under the influence of alcohol at any point during the evening.
¶6. Johnson, another one of Rhymer's coworkers, testified that he received a phone call around 2:30 a.m. on July 20, 2012, asking if he would pick up Rhymer's truck. When Johnson arrived at the location where Deputy Cook had pulled over Rhymer, Johnson approached Rhymer and spoke with him for a few minutes. Johnson testified at trial that Rhymer had appeared ...