Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:The appellant, Carter Alan Ness, pleaded nolo contendere to the misdemeanor offense of driving while intoxicated but reserved his right to appeal the denial of his motion to suppress. Pursuant to appellant’s negotiated plea, the trial court assessed punishment at 180 days in jail, suspended for one year of community supervision, and a $100 fine. HOLDING:Affirmed. The appellant contends that the trial court abused its discretion by overruling his motion to suppress, which alleged that his breath-test results should be suppressed because he was illegally coerced by a peace officer to submit to the breath test. Officer Lindsey’s statement here falls far short of the officer’s coercive statements in Erdman. Officer Lindsey did not make any statements about the consequences of refusal to take a breath test beyond those listed in 724.015. In stating simply, “pending the outcome, you’re being detained[,]” Officer Lindsey did not warn appellant that dire consequences would follow if he refused to take the breath test. Likewise, Officer Lindsey did not make any extra-statutory assertions about the possible consequences of refusing to submit to the test. Accordingly, Officer Lindsey did not coerce appellant to consent. Much like the officer’s statements in Sandoval, and unlike the statements in Erdman, Officer Lindsey’s statement to appellant was not coercive because it did not encompass the adverse circumstances that would occur if appellant refused to submit to the test. Although appellant testified that he understood Officer Lindsey’s statement to mean that he would be released if he passed the breath test and claimed that he consented to the test based on that understanding, the trial court acted within its discretion by rejecting appellant’s professed understanding of Officer Lindsey’s statement, given the officer’s testimony, the videotaped evidence, and circumstances showing that Officer Pierce gave appellant the correct statutory warnings before obtaining appellant’s breath test. Based on the record of the hearing on appellant’s motion to suppress, the court concludes that the trial court did not abuse its discretion by finding that appellant was not induced or coerced to submit a breath sample for testing. OPINION:Alcala, J.; Radack, C.J., Keyes and Alcala, JJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.