State v. Morales

225 P.3d 311, 154 Wash. App. 26
CourtCourt of Appeals of Washington
DecidedJanuary 5, 2010
DocketNo. 36941-9-II
StatusPublished
Cited by4 cases

This text of 225 P.3d 311 (State v. Morales) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Morales, 225 P.3d 311, 154 Wash. App. 26 (Wash. Ct. App. 2010).

Opinions

Hunt, J.

¶1 Jose Matilde Morales appeals his jury convictions for vehicular assault and driving under the influence. He argues that (1) the trial court erroneously admitted his blood alcohol test results because the State failed to show that he was advised of his statutory right to an independent blood test under RCW 46.20.308(2);1 (2) the trial court erroneously admitted beer containers found [31]*31during an allegedly illegal search of his vehicle; and (3) the evidence was insufficient to establish that he operated his motor vehicle under the influence of intoxicants and that he operated his vehicle in a reckless manner. We affirm.

FACTS

I. Hit and Run

¶2 On November 3, 2004, Marilyn Robertson drove her elderly mother north on Highway 507 toward Bucoda, Washington. As she drove around a curve at approximately 35 to 40 mph, Robertson observed Morales’s vehicle approaching a stop sign where a side road intersected with Highway 507. Although it was daylight and the intersection was in an open and visible area, Morales made no attempt to stop. Instead, he drove through the stop sign into Robertson’s lane of travel, apparently at about 15 mph. 2

¶3 Robertson, whose right-of-way lane of travel had no stop sign at that intersection, swerved to avoid Morales, but she could not prevent his colliding with her car. The collision’s impact spun Robertson’s car around, forced it into a ditch, and severed Morales’s front bumper from his vehicle. Morales stopped momentarily and then drove away; he did not return to the accident scene. As a result of the collision, Robertson suffered injuries to her knees, shoulders, neck, and forehead. Her mother suffered a fractured ankle and a twisted foot.

A. Arrest for Driving under the Influence

¶4 Shortly after the accident, retired police officer William Oberg and his brother were driving south on Highway 507 when they passed a heavily damaged vehicle driving in [32]*32the opposite direction; its hood was sticking up and steam was coming from its engine. As they continued driving, they came upon Robertson’s vehicle in the ditch. On learning about the hit and run collision, Oberg turned around and drove back with his brother to look for the damaged vehicle that they had passed earlier. Oberg found the damaged car on the side of the road approximately one mile from the accident scene.

¶5 Oberg observed Morales exit the vehicle and detained him while his (Oberg’s) brother called for assistance. When Oberg told Morales, in English, that he should have stayed at the accident scene, Morales stated, in English, “I don’t care about the people in the accident.” 2 Verbatim Report of Proceedings (VRP) at 158. Morales also threatened both Oberg brothers.

¶6 Washington State Trooper Todd Thornburg arrived, conversed with Morales in English, and experienced no language barrier. Morales appeared to understand the trooper’s questions, gave no indication that he did not understand, and provided intelligible answers in English. Morales told the trooper that he had been headed to Tenino when someone pulled out in front of him, that he (Morales) was the driver and the only occupant of his vehicle, and that he had consumed one beer before driving.

¶7 During his contact with Morales, Thornburg observed that Morales emitted an “obvious odor of intoxicants” and that his eyes were watery and bloodshot. 2 VRP at 174. Thornburg arrested Morales for driving under the influence of alcohol and for hit and run and read him his Miranda

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Related

State v. Morales
269 P.3d 263 (Washington Supreme Court, 2012)
State v. Roberts
240 P.3d 1198 (Court of Appeals of Washington, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
225 P.3d 311, 154 Wash. App. 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-morales-washctapp-2010.