Johnson v. State

253 A.D.2d 274, 687 N.Y.S.2d 761, 1999 N.Y. App. Div. LEXIS 3678
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 8, 1999
DocketClaim No. 89486
StatusPublished
Cited by11 cases

This text of 253 A.D.2d 274 (Johnson v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. State, 253 A.D.2d 274, 687 N.Y.S.2d 761, 1999 N.Y. App. Div. LEXIS 3678 (N.Y. Ct. App. 1999).

Opinion

OPINION OF THE COURT

Mercure, J. P.

On the evening of March 20, 1993, Timothy P. Johnson (hereinafter decedent) and a companion, Bruce Mann, were traveling in a pickup truck westbound on State Route 23B in the Town of Greenport, Columbia County. While approaching County Route 29 and crossing over a bridge, the vehicle was stopped by State Trooper Frederick Muller because of a non-functioning tail light and a loud exhaust. Decedent, who was driving, pulled the car over to the side of the road on a curve about 100 to 150 yards beyond the bridge, with a portion of his vehicle remaining in the roadway. Muller parked his patrol car behind the truck and approached the driver’s window.

While questioning decedent, Muller detected the smell of an alcoholic beverage and noted that decedent’s eyes were glassy. As a result, Muller requested that decedent exit the vehicle and stand behind the truck off the roadway. Muller then conducted a series of field sobriety tests, which decedent failed. Decedent was then directed to return to the truck while Muller called in a license and registration check. Muller also called in for an alcosensor test to better ascertain the extent of decedent’s intoxication.

Finding that the alcosensor test was not available, Muller decided to arrest decedent for driving while intoxicated on the [276]*276basis of his observations of decedent and the results of the field sobriety tests. After ordering decedent to exit the truck and go to the rear of the vehicle, Muller arrested decedent, handcuffed his hands in front of his body and conducted a pat frisk. Muller then placed decedent in the right front passenger seat of the patrol car and secured decedent with a lap belt and shoulder harness, but not in such a way as to secure decedent’s arms.

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Cite This Page — Counsel Stack

Bluebook (online)
253 A.D.2d 274, 687 N.Y.S.2d 761, 1999 N.Y. App. Div. LEXIS 3678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-nyappdiv-1999.