Thursday, February 9, 2012

Owens v. State case brief

Owens v. State93 Md. App. 162, 611 A.2d 1043;1992 Md. App.
Maryland Court of Appeals

-Complaint of Suspicious Vehicle.  Trooper arrived at 11PM due to call.
-D behind wheel of parked auto on private driveway at night with lights on and motor running.
-D slept in drivers seat with open BEER between legs.  Two more empty cans were in vehicle.
-Trooper awoke him.  D slurred speech.  Refused alcohol test and had an alcohol restriction his license.

-D found guilty of driving while intoxicated by judge (no jury).  Appealing the finding b/c evidence not sufficient to support.

-Was the evidence here sufficient to prove beyond a reasonable doubt that D arrived from a public highway or was about to set forth on a public highway?

-Yes, evidence was sufficient.
-Here the circumstances were inconsistent with a reasonable hypothesis of innocence.

-The trooper was brought to the scene by a complaint of a suspicious vehicle.  This does not prove guilt but makes one of the two inferences above more reasonable.

No comments:

Post a Comment

The Ins and Outs of Class Action Lawsuits: A Comprehensive Guide

Sometimes, you may buy a product only to find it defective. To make it worse, your search for the product reveals mass complaints. You can ...