State of Maine v. True

• Court: Superior Court of Maine
• Decided: April 11, 2012
• Docket: CUMcr-11-5955
• Status: Unpublished

Opinion

STATE OF MAINE CUMBERLAND COUNTY UNIFIED CRIMINAL COURT Docket No. cf2-- tf- OqDO

State of Maine ORDER ON MOTION

v. TYLER TRUE

The State was represented by: ADA Matthew Tice

The Defendant was represented by; Neil Weinstein, Esq.

The court has carefully considered the following motions: 0 1. The Defendant's Motion to Suppress which was heard on AprillO, 2012.

0 2. The court concludes :

The initial turn over the line along with weaving within the lane observed over four miles coupled with the entry into the wrong lane at the rotary constituted adequate reasonable articulable suspicion of criminality to justify the stop. See e.g. State v. Burnham 610 A.2d 733 (Me. 1992) (weaving within center line and breakdown lane factor justifying stop).

The court also concludes Officer Swann to be credible in his testimony regarding this event and his observations of Mr. True after the stop constituted probable cause for BAC testing and subsequent arrest.

Contrary to the claims made at hearing, requiring a person to submit to roadside field sobriety testing does not rise to the functional level of arrest and is therefore not considered custody for either Miranda purposes or requiring probable cause to conduct field sobriety testing. See e.g. State v. Little 468 A.2d 615 (Me. 1983), State v. Griffin 459 A.2d 1086 (Me. 1983). D 3. THEREFORE, it is hereby ORDERED as follows:

Motion to Suppress is denied.

The Clerk is directed to incorporate this order by reference on the docket.

Date: _ _ 4.- -~-z/_ _ ,l~f-L~-~--- J·P-f=c ustiCe ame upenor ourt STATE OF MAINE VS TYLER DTRUE Docket No CUMCD-CR-20 I 1-05955 2659 WESTSIDE RD NORTH CONWAY NH 03860 DOCKET RECORD DOB: 09/10/1982 Attorney: NEAL WEINSTEIN State's Attorney: STEPHANIE ANDERSON LAW OFFICES NEAL WEINSTEIN 32 SACO AVENUE PO BOX 660 OLD ORCHARD BEACH ME 04064-0660 RETAINED 09/0112011 Charge(s) I OPERATING UNDER THE INFLUENCE 08/28/2011 GORHAM Seq I 1493 29-A 241 1(1-A)(A) Class D SWANN USM Docket Events: 09/12/2011 FILING DOCUMENT- CASH BAIL BOND FILED ON 09/02/2011

09/12/20 II Charge(s): 1 HEARING- ARRAIGNMENT SCHEDULED FOR 10111/2011 at 08:30a.m. in Room No.

NOTICE TO PARTIES/COUNSEL 09112/2011 BAIL BOND- $350.00 CASH BAIL BOND FILED ON 09/02/2011

Bail Receipt Type: CR Bail Amt: $350 Receipt Type: CK Date Bailed: 08/28/20 I 1 Prvdr Name: BRIAN TRUE Rtrn Name: BRIAN TRUE 11119/54 682 09/26/2011 Party(s): TYLER D TRUE ATTORNEY- RETAINED ENTERED ON 09/01/201 I

Attorney: NEAL WEINSTEIN 09/27/20 II Charge(s): I SUPPLEMENTAL FILING- COMPLAINT FILED ON 09/27/2011 JAMES TURCOTTE , ASSIST ANT CLERK 10111/2011 Charge(s): I HEARING- ARRAIGNMENT WAIVED ON lOll 1/2011 at 08:30a.m. in Room No.

lOll 1/2011 Charge(s): I PLEA- NOT GUILTY ENTERED BY COUNSEL ON lOll 1/2011 at 08:30a.m. in Room No.

I 011 1/2011 Charge(s): I HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 12/08/20 I I at 01:00 p.m. in Room No. 7

10111/2011 Charge(s): I TRIAL- JURY TRIAL SCHEDULED FOR 01/23/2012 at 08:30a.m. in Room No. II

NOTICE TO PARTIES/COUNSEL 11/08/2011 NOTE- OTHER CASE NOTE ENTERED ON 11/07/2011

LETTER RECEIVED FROM DEF ATTORNEY REQUESTING PM CONF TIME. 11128/2011 Charge(s): 1

CR-200 Page I of 3 Printed on: 04/ I I/2012 TYLER DTRUE CUMCD-CR-20 I 1-05955 DOCKET RECORD HEARING- DISPOSITIONAL CONFERENCE NOTICE SENT ON I I/28/20I I

12/08/20 I I Charge(s): I HEARING- DISPOSITIONAL CONFERENCE HELD ON 12/08/20I I PAULE EGGERT ,JUDGE Attorney: NEAL WEINSTEIN DA: MATTHEW TICE HELD 12/08/2011 Charge(s): 1 MOTION- MOTION TO SUPPRESS RLED BY DEFENDANT ON 12/08/20I I

12/08/2011 Charge(s): I HEARING- MOTION TO SUPPRESS SCHEDULED FOR I2113/20I I at 01:00p.m. in Room No. 8

NOTICE TO PARTIES/COUNSEL 12/08/20 I I Chargc(s): I HEARING- MOTION TO SUPPRESS NOTICE SENT ON 12/08/20I I

12112/20 II Chargc(s): I MOTION- MOTION TO CONTINUE RLED BY DEFENDANT ON 12!12/20I I

12113/2011 Chargc(s): I MOTION- MOTION TO CONTINUE GRANTED ON 12/13/2011 MARY KELLY , JUDGE COPY TO PARTIES/COUNSEL 12113/20 I I Charge(s): I HEARING- MOTION TO SUPPRESS CONTINUED ON 12113/201 I MARY KELLY ,JUDGE 12/13/20I I HEARING- MOTION TO SUPPRESS SCHEDULED FOR OI/I0/20I2 at OI:OO p.m. in Room No.

NOTICE TO PARTIES/COUNSEL 12/13/201 I HEARING- MOTION TO SUPPRESS NOTICE SENT ON I2/13/20I I

01111/2012 HEARING- MOTION TO SUPPRESS CONTINUED ON 01/10/2012 ROLAND A COLE , .JUSTICE Ol/11/2012 MOTION- MOTION TO CONTINUE FILED BY DEFENDANT ON 01/03/2012

Attorney: NEAL WEINSTEIN 01/11/2012 MOTION- MOTION TO CONTINUE GRANTED ON 01/10/2012 ROLAND A COLE , JUSTICE COPY TO PARTIES/COUNSEL 01/11/2012 Charge(s): I TRIAL- JURY TRIAL NOT HELD ON 01110/2012

01111/2012 HEARING- MOTION TO SUPPRESS SCHEDULED FOR 04110/2012 at 01:00p.m.

NOTICE TO PARTIES/COUNSEL 01/11/2012 Charge(s): I TRIAL- JURY TRIAL SCHEDULED FOR 04/23/20I2 at 08:30a.m. in Room No. 11

NOTICE TO PARTIES/COUNSEL 04111/2012 HEARING- MOTION TO SUPPRESS HELD ON 04/10/2012 CR-200 Page 2 of 3 Printed on: 0411 1/2012 TYLER D TRUE CUMCD-CR-20 11-05955 DOCKET RECORD JOHN H ONEIL JR, JUDGE Attorney: NEAL WEINSTEIN DA: MATTHEWTICE TAPE 3771 & 3788 AFTER HEARING MOTION TO SUPPRESS IS UNDER ADVISEMENT 04/11/2012 Charge(s): 1 MOTION- MOTION TO SUPPRESS DENIED ON 04/10/2012 JOHN H ONEIL JR, JUDGE COPY TO PARTIES/COUNSEL

A TRUE COPY ATTEST: _______________________ Clerk

CR-200 Page 3 of 3 Printed on: 04/11/2012 SUPERIOR COURT CUMBERLAND, ss. WARRANT OF ARREST Docket No.PORSC-CR-2007-02695

List of charges:

CHARGE #001 SEQ: 9878 OPERATING UNDER THE INFLUENCE DOV: 07114/2007 Location: PORTLAND Class D, Title 29-A M.R.S.A. §2411(1-A)(A) Dept : POR Officer Name : JESSICA L GOOGINS CHARGE #002 SEQ: 9867 OPERATE VEHICLE WITHOUT LICENSE DOV: 07114/2007 Location: PORTLAND Class E, Title 29-A M.R.S.A. § 1251(1)(A) Dept : POR Officer Name :JESSICA L GOOGINS CHARGE #003 SEQ: 4845 FAILING TO GIVE MOTOR VEHICLE ACCIDENT INFORMATION DOV: 07114/2007 Location: PORTLAND Class E, Title 29-A M.R.S.A. §2255(2) Dept: POR Officer Name: JESSICA L GOOGINS CHARGE #004 SEQ: 4845 FAILING TO GIVE MOTOR VEHICLE ACCIDENT INFORMATION DOV: 07114/2007 Location: PORTLAND Class E, Title 29-A M.R.S.A. §2255(2) Dept: POR Officer Name: JESSICA L GOOGINS CHARGE #005 SEQ: 684 THEFT BY UNAUTHORIZED USE OF PROPERTY DOV: 07114/2007 Location: PORTLAND Class D, Title 17-A M.R.S.A. §360(1)(A) Dept: POR Officer Name: JESSICA L GOOGINS

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