Parker v. State

The trial court did not err by failing to suppress evidence of defendant's field sobriety tests because the officer did not give her a Miranda warning as she was not in custody at the time but was standing freely outside her vehicle, and voluntarily performed the tests at the officer's request.

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Following a jury trial, Judy Michelle Parker appeals from her conviction of DUI per se,1 contending that the trial court erred by 1 ruling that the initial traffic stop was authorized, 2 admitting evidence of a horizontal nystagmus gaze test, 3 admitting evidence of subsequent roadside sobriety tests performed without a Miranda 2 warning, and 4 finding that the arresting officer had probable cause to arrest her. For the reasons that follow, we affirm. Construed in favor of the verdict,3 the evidence shows that shortly after midnight one morning in May 2008, an officer in a marked patrol car was traveling on a state route when he was cut off by Parker, who abruptly changed lanes in front of him without signaling, requiring the officer to quickly apply his brakes. After waiting for a safe opportunity, the officer turned on his blue lights and executed a traffic stop.

The officer made contact with Parker, immediately smelled a strong odor of alcohol on her breath, and asked her where she had come from. Parker explained that she was driving from a restaurant where she had split “a pitcher or two” of beer with a friend. The officer asked Parker if she would perform some field sobriety evaluations, and she agreed. The officer performed a horizontal gaze nystagmus “HGN” test, noting six out of six clues of impairment; a walk-and-turn test, noting five out of eight clues of impairment; a one-leg-stand test, noting two out of four clues of impairment; and an alco-sensor test, which registered positive for alcohol consumption. Based on his observations, the officer advised Parker that she was under arrest and placed her in handcuffs.

Parker v. State

The trial court did not err by failing to suppress evidence of defendant's field sobriety tests because the officer did not give her a Miranda warning as she was not in custody at the time but was standing freely outside her vehicle, and voluntarily performed the tests at the officer's request.

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