City of Kennewick v. Day

Doug R. Day, Defendant, was stopped by a police officer for suspicion of driving under the influence when Defendant drove around a police barrier that was set up to facilitate an investigation of a separate incident. Defendant claimed he had not been drinking. Nevertheless, Defendant refused to take a field sobriety test or portable “BAC DataMaster” test. Subsequently, Defendant was arrested and his vehicle was searched. The officer found marijuana and a marijuana pipe in the center armrest console. Defendant alleges that the items did not belong to him. Further, Defendant states that just picked up his vehicle from a repair ship. Moreover, Defendant’s BAC reading was .04, below the level of driving while intoxicated, therefore, Defendant was only charged with negligent driving in the first degree. Defendant offered Don Simmonson’s, the owner of the repair shop, testimony to prove his defense that the items found in his vehicle were not his. Mr. Simmonson’s testified that a former employee at the repair shop was fired because he was suspected to be using drugs outside of work. Likewise, the former employee had a prior incident at the repair shop with another customer, which the customer complained that drug paraphernalia was left found in her car when she picked up her car from the shop. Further, while Mr. Simmonson’s was testifying, Defense Counsel asked if he was aware of Defendant’s reputation in the community regarding his sobriety. At once, Prosecution objected to the question, and the trial court sustained the objection. Overall, the jury acquitted Defendant of reckless driving, but found him guilty of possession of drug paraphernalia.