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State v. Loy

The trial court erred in suppressing the evidence gathered by police in connection with defendant's DUI arrest because the facts and circumstances surrounding defendant's arrest provided probable cause for the arresting officer to believe that a crime had been committed.

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The State appeals from the trial court’s grant of the defense motion to suppress evidence gathered by the police in connection with their arrest of Jeffry Loy for driving under the influence. After a review of the evidence we reverse this ruling.

On May 2, 2000, Loy was injured when his truck crashed into a telephone pole. The fire department and an ambulance arrived at the scene of the accident first, followed by a police officer shortly thereafter. When the police officer arrived at the scene, he observed Loy standing outside of the truck. The officer also saw the fire department removing a semi-conscious woman from the passenger seat of the truck. Loy was bleeding from his face and mouth and appeared to have a sprained ankle. The officer also detected a strong odor of alcohol on Loy’s breath. The ambulance driver told the officer that Loy had been driving the truck. In addition, a bystander specifically told the officer that he saw Loy driving the truck just prior to the accident. However, when the officer asked Loy how the accident occurred, Loy said that he did not remember what happened. Loy failed two field sobriety tests, and the officer arrested Loy for driving under the influence.

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