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HomeMy WebLinkAboutCP-21-CR-2340-2006 COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V.: : STEPHANIE NICOLE GRIMES : NO. CP-21-CRIMINAL 2340 – 2006 : : IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925 Guido, J., June , 2007 After a bench trial we found the defendant guilty of driving under the influence of 1 alcohol in violation of Section 3802 (a) (1) of the Vehicle Code. On April 3, 2007, we sentenced her to pay the mandatory minimum fine and to undergo a period of six months probation. She has filed this timely appeal. The only allegation of error on appeal is that “there was insufficient evidence to find that the Defendant was incapable of safely 2 operating a motor vehicle.” We will recount the facts relating to that issue. On June 25, 2006, at about 5:25 a.m. Trooper Michael Burns responded to a report of a disabled vehicle along Interstate 81 in Middlesex Township, Cumberland County. The trooper and his partner arrived on the scene at 5:37 a.m. He described what happened next: Upon approach, (we) observed a white female passed out in the driver’s seat of the vehicle. The windows were down approximately four inches. I could detect the odor of an alcoholic beverage emanating from the vehicle. . . . [T]here was only one person present in the vehicle at that time. The driver was unconscious. I knocked on the door on three separate occasions, each time knocking, waiting, receiving no response, again knocking, 1 75 Pa. C.S.A. § 3802 (a) (1). 2 See “Concise Statement of Matters Complained of on Appeal.” CP-21-CRIMINAL 2340 – 2006 waiting, receiving no response and knocking again. On the fourth time, the operator woke up suddenly. She sat straight up, gazed straight ahead. She had a dazed look about her face. She gasped and bit down on her lip and she began steering the vehicle or attempting to steer the vehicle. She reached down, tried to shift gears for the vehicle and reached up and began fiddling with the ignition keys which were in the ignition at that time. . . . At that point, Trooper Tallman opened the passenger side door and reached in and retrieved the keys from the ignition and placed them on the hood of the car. In speaking with the female subject, she began stating that she was fine, repeatedly stated she was fine, she was okay, she didn’t need our help. I attempted to identify her through a license, asked her to retrieve her driver’s license. She opened up her purse and a small change purse and began paging through that. She passed over her driver’s license several times. I asked her what her name was; and during that time, she did not answer what her name was. She continued to state she was fine, she didn’t need our help; she just ran out of gas, she didn’t need our assistance in any way. I again asked her what her . . . name was. She finally identified herself as Stephanie Grimes. In speaking with Miss Grimes, I detected the odor of an alcoholic beverage about her breath, observed her eyes to be bloodshot and glassy. And I attempted to obtain her date of birth, and she would not answer me. She didn’t refuse to answer me. She just continued to state that she was fine, she was okay. . . . She stated that she was coming from Harrisburg. She had been at a bar. She . . . admitted to drinking. I believe she stated it was Jim Beam and diet. She stated she had been drinking the night before. She actually slept in her vehicle in the bar . . . parking lot and then attempted to drive home that morning. . . . Based on her appearance and her actions, it was my professional opinion that she was incapable of safe driving at that point. She was asked to place her 3 hands behind her back and was told that she was going to be taken into custody. She was then taken to the Carlisle Hospital where blood was taken for chemical analysis. Her BAC at 6:28 a.m. was .09%. Trooper Burns has been a member of the Pennsylvania State Police since May of 1999. During his career he has made more than 140 DUI arrests and assisted in another 200 DUI investigations. He also has been involved in about 500 other alcohol related arrests, such as underage drinking and public drunkenness. We found his testimony, 3 Transcript of Proceedings, March 2, 2007, pp. 7 – 10. 2 CP-21-CRIMINAL 2340 – 2006 including the opinion testimony, to be credible. Based upon that testimony, together with the defendant’s BAC, we were satisfied beyond a reasonable doubt that she was under the influence of alcohol to a degree that rendered her was incapable of safe driving. __________________ ________________________ DATE Edward E. Guido, J. Matthew P. Smith, Esquire For the Commonwealth Michael Halkias, Esquire For the Defendant :sld 3