National Institute for Trial Advocacy


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State v. James, Criminal

State v. James, Criminal

Alex James has been charged by traffic citation with four counts of driving violations: 1) speeding, 2) careless driving, 3) driving with more than .08 breath alcohol concentration and 4) driving while impaired.

Eight weeks ago on a Thursday, James began work at 3:00 p.m. He is a registered nurse in the pediatric intensive care unit of Nita General Hospital. After leaving work at 11:40 p.m., Thursday evening, James met some friends at a local bar and had a few drinks. In the State of Nita, bar closing time is 2:00 a.m. James soon felt light-headed and decided to leave and drive home at approximately 1:35 a.m. Friday morning. James had driven about half a mile when he was stopped for speeding. The officer smelled an odor of alcohol on James's breath. He then administered a Preliminary Breath Test (PBT) and the three standard sobriety tests which James subsequently failed. He was arrested and transported to police headquarters. There the officer read James the implied consent advisory per Nita Statute 418.51, Implied Consent. James was asked and took an Intoxilyzer® 5000 breath test which showed his blood alcohol concentration to be .093. Before the test, he was given the opportunity to call an attorney but he chose not to place the call.

On Friday of that week, James appeared in court and on the advice of his attorney pleaded not guilty to the charges. At that hearing, James asked for a formal complaint. A date for a pretrial hearing was scheduled for Wednesday five weeks later. Before the pretrial hearing could occur, James's attorney died. A continuance was granted to give James a chance to obtain a new lawyer. Three weeks ago, the court held the pretrial hearing. The next day the judge issued a pretrial order. Pretrial findings and order state the following: 1) Given the totality of the circumstances, the stop of Defendant, Alex L. James, was based on probable cause and did not violate Defendant’s Fourth Amendment rights; 2) Probable cause existed to support the arrest of the Defendant; 3) The Defendant's Fifth and Sixth Amendment rights were not violated. Defendant's statements to police were voluntarily made, and Defendant knowingly waived the right to remain silent and to have legal counsel; 4) The PBT preliminary test was valid; 5) The administration of the Intoxilyzer® 5000 test was valid.

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$38 Add to Cart{"prodid" : "prod18570610", "sku" : "sku7520668", "pubstatus" : "132"}

Publisher: NITA

Format: ,

ISBN: 9781601562135

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