Havard v. State

CHANDLER, J.,

for the Court.

¶ 1. The police stopped Garry Havard at a Game and Fish Commission roadblock. The officers smelled alcohol on Havard’s breath and attempted to administer sobriety testing, which Havard refused. Ha-vard was convicted of misdemeanor driving under the influence of intoxicating liquor in the Justice Court of George County. On January 16, 2003, the Circuit Court of George County affirmed the conviction. On December, 3, 2003, Havard filed a motion for reconsideration and/or out of time appeal, which the circuit court dismissed as untimely. Havard appeals, raising two…