State v. Sullivan

2013 VT 71, 80 A.3d 67, 194 Vt. 361, 2013 WL 4487479, 2013 Vt. LEXIS 70
CourtSupreme Court of Vermont
DecidedAugust 23, 2013
Docket2012-134
StatusPublished
Cited by18 cases

This text of 2013 VT 71 (State v. Sullivan) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Sullivan, 2013 VT 71, 80 A.3d 67, 194 Vt. 361, 2013 WL 4487479, 2013 Vt. LEXIS 70 (Vt. 2013).

Opinion

Robinson, J.

¶ 1. Defendant Corrina Sullivan seeks reversal of her conviction for driving under the influence of alcohol (DUI) on the ground that the trial court erred in denying her motion to suppress various statements and evidence obtained during or as a result of an encounter between her and police officers in her apartment. We affirm.

¶ 2. The facts as found by the trial court and supported by sufficient evidence are as follows. On a cold January night, a Department of Corrections (DOC) officer was traveling in his vehicle down Christian Street in the Town of Hartford when he encountered defendant walking up the road about 100 feet from a motor vehicle stuck in a snow bank. The back half of the vehicle was encroaching on the traveled roadway, and both the rear reverse lights and dash lights were on. The DOC officer offered defendant a ride home.

¶ 3. During the brief trip, defendant identified herself and told the DOC officer that she had driven off the road because she was upset by a fight with her boyfriend. The DOC officer dropped her off at an apartment less than a mile away and reported the vehicle to the Hartford Police Department.

*365 ¶ 4. Officer Muldoon responded, arriving at the vehicle within six to ten minutes. He found documents in the vehicle listing defendant’s name and address. The DOC officer, who had returned to the scene, told Officer Muldoon that he had driven defendant home.

¶ 5. Officer Muldoon drove to defendant’s apartment and knocked on the door. Defendant’s grandmother answered. After Officer Muldoon asked to speak with defendant, grandmother invited him in and called for defendant to come out of her room.

¶ 6. Defendant responded evasively to the first questions Officer Muldoon asked her about what had happened that night, avoiding eye contact and leaning against a wall. Her speech was neither clear nor articulate. From eight-to-ten feet away from defendant, Officer Muldoon detected a slight odor of alcohol. He explained to her that he was conducting an investigation and they could proceed in “one of two ways.”

¶ 7. Officer Muldoon asked if defendant had anything to drink that night. Defendant looked down and did not respond, and Officer Muldoon said he would take her response as a “yes.” Officer Muldoon then asked defendant to step out of the apartment to perform standard field sobriety tests.

¶ 8. At that point the grandmother began asking Officer Muldoon questions about DUI processing. He told the grandmother if defendant refused the evidentiary breath test she would lose her license for refusing. The grandmother then talked with defendant about the situation. In the course of that conversation, defendant mentioned an eleven-year-old conviction for DUI.

¶ 9. Defendant’s friend then arrived at the apartment and joined the conversation between defendant and the grandmother. Defendant, the grandmother, and the friend discussed removing the car from the snow bank. Defendant was crying and upset because she had crashed the car. The three of them continued to talk amongst themselves, occasionally engaging Officer Muldoon. Meanwhile, Officer Muldoon waited for backup to arrive before taking further steps.

¶ 10. At one point, defendant told Officer Muldoon that she would not submit to a blood test. He replied that a field sobriety and breath test would clear up any questions about a DUI. Both the grandmother and friend tried to persuade defendant to take the field sobriety tests, but she continued to refuse. Officer Muldoon attempted to clarify whether defendant was refusing to *366 take the tests but she said nothing in response. He asked again if she had anything to drink that night, and she replied, “not for a while.”

¶ 11. At that point, Sergeant Vail from the Hartford Police Department arrived at the apartment. In response to his questioning, defendant told Sergeant Vail that she had had “probably three beers.” Sergeant Vail again requested she submit to the preliminary breath test (PBT), but she refused. The officers then formally arrested defendant on suspicion of DUI and transported her to the Hartford Police Department for DUI processing. At the station, she was read her Miranda rights and consented to an evidentiary test. Miranda v. Arizona, 384 U.S. 436 (1966). The period from Officer Muldoon’s arrival to defendant’s formal arrest lasted about seventeen minutes.

¶ 12. The evidentiary breath test taken at the station yielded a blood-alcohol concentration of 0.246, well above the legal limit. Defendant was charged with DUI, second offense, pursuant to 23 V.S.A. § 1201(a)(2). Defendant filed a motion to suppress all evidence obtained after the Hartford Police encountered defendant at her apartment on the ground that the evidence derived from an unlawful seizure, and a motion to dismiss on the ground of the insufficient evidence that would result from suppression. In the alternative, defendant sought suppression of the statements regarding her alcohol consumption that she made prior to her formal arrest.- After a hearing, the trial court denied defendant’s motions in a written order.

¶ 13. The trial court rejected defendant’s argument that Officer Muldoon did not have reasonable suspicion to investigate her for DUI. The court concluded that evidence of the single-car accident, defendant’s leaving her car, defendant’s evasive answers and suspicious demeanor when police first encountered her, and Officer Muldoon’s detection of the slight odor of alcohol taken all together were sufficient to justify the officer’s reasonable suspicion that defendant had committed DUI. Considering the totality of the circumstances, the trial court rejected defendant’s contentions that her statements were involuntary and were the product of an unwarned custodial interrogation. The court explained that defendant was interviewed in her own home, that her grandmother and subsequently her friend were present throughout, that most of the conversation during the seventeen-minute encounter was between defendant and her grandmother and friend, rather than defendant *367 and police officers, and that defendant showed she was able to make her own decisions, holding firm on her refusal to take a field sobriety test despite encouragement from her grandmother, her friend, and law enforcement. Finally, concluding that there was no formal or de facto arrest at the time Officer Muldoon told defendant he was investigating a crime (relating to the car in the snow bank) and could proceed in “one of two ways,” the court rejected defendant’s argument that she was effectively arrested at that time without probable cause.

¶ 14. Defendant subsequently entered a conditional guilty plea pursuant to V.R.Cr.P. 11(a)(2), preserving her right to appeal all issues. On appeal, defendant raises the same arguments as she did in her motion to suppress.

¶ 15. A motion to suppress involves a mixed question of law and fact. State v. Simoneau, 2003 VT 83, ¶ 14, 176 Vt. 15, 833 A.2d 1280. We will not disturb a trial court’s findings of fact unless they are unsupported by the evidence or are clearly erroneous. State v. Sutphin, 159 Vt. 9, 11, 614 A.2d 792, 793 (1992).

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Cite This Page — Counsel Stack

Bluebook (online)
2013 VT 71, 80 A.3d 67, 194 Vt. 361, 2013 WL 4487479, 2013 Vt. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sullivan-vt-2013.