Friday, September 10, 2010

Three new DUI decisions

The Court of Criminal Appeals has issued three new opinions in DUI cases.

(1) State v Thompson: Defendant Thompson won a statute of limitations argument in the Trial Court. The Trial Judge dismissed a DUI after determining the statute of limitations for the misdemeanor had expired. The Court of Criminal Appeals reversed the decision. The case had not been tried in the Criminal Court within a year after arrest. However, the defendant had bound his case over to the grand jury prior to the running of the statute, so the prosecution had been commenced despite problems with the affadavit of complaint.

(2) State v Daqqaq: Defendant Nader Daqqaq used the old favorite defense of "my passenger was really the driver and the officers were either blind, stupid or dishonest." It did not work. The jury convicted and Daqqaq recieved a sentence including nine months in jail.

(3) State v Adkins: Defendant Adkins argued that his two prior convictions for DUI should not have been admitted and that the State did not prove that he drove and crashed his truck. The Court affirmed the Trial convictions.

To view the opinions go to:

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