For Your Data Owens V. Field Representative Brief
June 15, 2022
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Owens v. State93 Md. App. 162, 611 A.2d 1043;1992 Md. App.
Maryland Court of Appeals
FACTS
-Complaint of Suspicious Vehicle. Trooper arrived at 11PM due to call.
-D behind bike of parked automobile on someone driveway at black amongst lights on together with motor running.
-D slept inward drivers spot amongst opened upwardly BEER betwixt legs. Two to a greater extent than empty cans were inward vehicle.
-Trooper awoke him. D slurred speech. Refused alcohol exam together with had an alcohol restriction his license.
PROCEDURAL HISTORY
-D institute guilty of driving spell intoxicated yesteryear estimate (no jury). Appealing the finding b/c bear witness non sufficient to support.
ISSUE
-Was the bear witness hither sufficient to attempt out beyond a reasonable incertitude that D arrived from a world highway or was most to gear upwardly forth on a world highway?
HOLDING
-Yes, bear witness was sufficient.
-Here the circumstances were inconsistent amongst a reasonable hypothesis of innocence.
REASONING
-The trooper was brought to the scene yesteryear a electrical load of a suspicious vehicle. This does non attempt out guilt simply makes i of the 2 inferences higher upwardly to a greater extent than reasonable.
Maryland Court of Appeals
-Complaint of Suspicious Vehicle. Trooper arrived at 11PM due to call.
Baca Juga
-D slept inward drivers spot amongst opened upwardly BEER betwixt legs. Two to a greater extent than empty cans were inward vehicle.
-Trooper awoke him. D slurred speech. Refused alcohol exam together with had an alcohol restriction his license.
PROCEDURAL HISTORY
-D institute guilty of driving spell intoxicated yesteryear estimate (no jury). Appealing the finding b/c bear witness non sufficient to support.
ISSUE
-Was the bear witness hither sufficient to attempt out beyond a reasonable incertitude that D arrived from a world highway or was most to gear upwardly forth on a world highway?
HOLDING
-Yes, bear witness was sufficient.
-Here the circumstances were inconsistent amongst a reasonable hypothesis of innocence.
REASONING
-The trooper was brought to the scene yesteryear a electrical load of a suspicious vehicle. This does non attempt out guilt simply makes i of the 2 inferences higher upwardly to a greater extent than reasonable.
