Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Fletcher v. State

Evidence supported defendant's conviction for DUI less safe, even though police performed no field sobriety tests due to his injuries, because the evidence showed that defendant lost control of his vehicle and left the roadway, defendant told a 911 operator he was intoxicated, defendant's vehicle and person smelled of alcohol, and defendant's eyes were dilated in a well-lit room.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A jury found Brushawn Perry Fletcher guilty on two counts of homicide by vehicle, one count of DUI less safe, and one count of driving without a license.1 Following the denial of his motion in arrest of judgment and his amended motion for new trial, Fletcher appeals, citing several claims of error. Having reviewed these claims, we find they are without merit and affirm. Construed in favor of the verdict, the record reveals that police officers responded to the scene of a single-car accident around 4:00 a.m. The 911 operator had received a call from Fletcher, the driver of the vehicle, stating that he needed help. When the operator asked Fletcher if someone was there with him who could also help, Fletcher replied “No, we’re drunk. We’re fed up.” When officers arrived, they observed Fletcher sitting beside the driver’s door and observed the deceased victim inside the vehicle. Officers also observed the strong odor of alcohol coming from the vehicle and believed that Fletcher might have been under the influence of alcohol.

Fletcher was transported to a hospital for treatment of the injuries he received. When Fletcher arrived, a deputy, instructed to follow the ambulance to the hospital, noticed the smell of alcohol on Fletcher’s person. He also noticed that Fletcher’s pupils were dilated, which he considered unusual since he and Fletcher were in a well-lit room. Based on his observations, the deputy believed that Fletcher had been driving under the influence of alcohol to the extent he was a less-safe driver. The deputy then read Fletcher the implied consent warning. Fletcher consented to a test of his blood, which revealed that he had a blood alcohol concentration of 0.142.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Consulting Leaders in Technology 2024
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
Legal Innovation Awards 2024
May 23, 2024
London

Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.


Learn More
Go to Events Go to Webcasts
EMPLOYEE BENEFITS ASSOCIATE

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
ASSOCIATE ATTORNEY-PERTH AMBOY-NJ

Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements