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State v. Shoemaker

Court of Appeals of Missouri, Western District, Third Division

November 18, 2014

STATE OF MISSOURI, Respondent,
v.
STEVEN WILLIAM SHOEMAKER, Appellant

Appeal from the Circuit Court of Jackson County, Missouri. Honorable Jack Richard Grate, Judge.

For Appellant: Jeffrey Eastman, Gladstone, MO.

For Respondent: Joseph Yasso, Independence, MO.

Before Division Three: Gary D. Witt, P.J., Joseph M. Ellis, and Thomas H. Newton, JJ. Witt, P.J., and Ellis, J. concur.

OPINION

Thomas H. Newton, Judge.

Page 854

Summary

Mr. Steven William Shoemaker appeals the convictions of driving a motor vehicle with an excessive blood-alcohol content (BAC), § 577.012,[1] and driving while revoked

Page 855

(DWR), § 302.321. We affirm in part and reverse in part.

Factual and Procedural Background

In October 2009, at about 8 p.m., Detective Todd Hargis of the Independence Police Department stopped Mr. Shoemaker on Interstate 70 for driving at an excessive speed. Upon approaching Mr. Shoemaker's vehicle, Detective Hargis smelled " the odor of an intoxicating beverage." The detective requested identification; Mr. Shoemaker provided an insurance card and a business card. Thereafter, the detective learned through police dispatch that Mr. Shoemaker's license had been suspended, and that he had outstanding warrants. The detective requested a second unit to the location for assistance.[2]

When the second unit arrived, Detective Hargis arrested Mr. Shoemaker for the warrants. He also advised the assisting officer that he " smelled the odor of alcohol" in Mr. Shoemaker's vehicle, and that he " wanted him put in a secure area so he couldn't have oral intake until [he] could . . . make contact with him." The assisting officer transported Mr. Shoemaker to the Independence Police Department.

Detective Hargis made contact with Mr. Shoemaker in detention. He smelled alcohol on Mr. Shoemaker's breath and asked him to perform the standard field sobriety tests. After the detective explained the tests, Mr. Shoemaker stated that he had " bad knees" and wanted to speak to an attorney. Detective Hargis allowed him twenty minutes to contact an attorney. Afterward, Mr. Shoemaker refused to submit to the field sobriety tests. However, he did submit to a breathalyzer test at 9:13 p.m. -- seventy-three minutes after the arrest -- and after the detective read him the Missouri Implied Consent Law.[3] The breath sample resulted in a reading of .084.

Detective Hargis completed an Alcohol Influence Report, which included advising Mr. Shoemaker of Miranda [4] rights. Mr. Shoemaker agreed to answer questions and admitted to driving the vehicle, but not to consuming alcohol.

Mr. Shoemaker was charged by information with the Class D felony of driving a motor vehicle with an excessive BAC as a persistent offender, § 577.012, which was later amended[5] to a Class B misdemeanor.

Page 856

He was also charged with the Class A misdemeanor of DWR, ...


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