State v. R. Gibbons

Summary

The court affirmed Gibbons’s DUI conviction, concluding that the jury instruction identifying unconsciousness as one factor in the totality-of-the-circumstances actual-physical-control inquiry was accurate and nonprejudicial. It also upheld the State’s rebuttal concerning the photographs and rejected the ineffective-assistance claim because the available testimony and video evidence made no reasonable difference in the outcome. The court reversed the mandatory $5,000 fine, held the governing statute facially unconstitutional, and remanded for resentencing consistent with constitutional and statutory proportionality requirements.