Rybicki v. State

Appellant Heather Rybicki was convicted by a jury of driving under the influence of alcohol (“DUI”). She was sentenced to two years of Level V incarceration, suspended after three months for one year and six months of Level IV home confinement, suspended after six months for one year of Level III probation. On appeal, Rybicki argued: (1) there was no probable cause to issue the search warrant to obtain a blood sample used to determine her BAC; (2) there was no probable cause for her warrantless arrest; (3) absent the BAC evidence, there was insufficient evidence for conviction; (4) the State did not lay a sufficient foundation for the BAC evidence; and (5) two jury instructions given by the trial court were improper comments on the evidence. Rejecting all of appellant's contentions on appeal, the Supreme Court affirmed. View "Rybicki v. State" on Justia Law