People v. Cooper

The Court of Appeal affirmed defendant's conviction of driving under the influence of alcohol causing injury within 10 years of a prior driving under the influence offense. Defendant alleged that the trial court erred in denying her motion to suppress statements she made to police during field sobriety tests administered at the police station, in violation of her Fifth Amendment rights under Miranda v. Arizona.The court held that Pennsylvania v. Muniz, (1990) 496 U.S. 582, foreclosed defendant's argument as to the first four of the six statements at issue. The court held that asking a DUI suspect to perform physical tests is not an "interrogation." Likewise, defendant's challenge to the fifth statement failed for similar reasons. Furthermore, any error in denying defendant's challenge to the sixth statement -- her estimate of 23 seconds on the modified Romberg test when in fact 30 seconds had elapsed -- was harmless beyond a reasonable doubt. View "People v. Cooper" on Justia Law