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Carthon v. State

Because defendant was under arrest when the officer placed her in the back seat of his locked patrol car, he should have read defendant her implied consent rights before he took her to the hospital for a blood test.

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Ijean Carthon was convicted of second degree vehicular homicide, driving under the influence of alcohol to the extent she was a less safe driver, driving under the influence of drugs, and failure to yield the right of way.1 She asserts the following errors: 1 the trial court erred in sentencing her for both second degree vehicular homicide and failure to yield; 2 the trial court erred in denying her motion to suppress the results of the state-administered blood tests; 3 the trial court erred in sentencing her for both driving under the influence of alcohol and driving under the influence of drugs; 4 her conviction for driving under the influence of drugs is invalid because it is based upon a statute which has been declared unconstitutional; and 5 there was insufficient evidence to support her conviction for driving under the influence of alcohol.

Of Carthon’s five claims of error, we find merit in two. The trial court erred in denying Carthon’s motion to suppress because the implied consent warning was not timely read to her. And the trial court erred in sentencing her for both second degree vehicular homicide and failure to yield because the two offenses merged. We reverse Carthon’s convictions for driving under the influence of alcohol to the extent that she was a less safe driver and driving under the influence of drugs. We also reverse her conviction for failure to yield and vacate her sentence for that offense. We affirm the conviction and sentence for second degree vehicular homicide.

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