Clark also had a history of substance abuse and tried to blame his passenger for the collision. See also State v. Jackson, 452 So.2d 1250 (La.App. 2 Cir.), writ denied, 457 So.2d 17 (La. 1984), in which a three-year hard labor sentence was upheld for a conviction of negligent homicide. Jackson was traveling at a high rate of speed and was under the influence of alcohol when she ran a red light and subsequently failed to negotiate a curve, landing her car approximately 280 feet from the roadway.
Additionally, Miranda warnings are not a prerequisite to admissibility of statements taken by officers during non-custodial, general, on-the-scene investigations, conducted to determine the facts and circumstances surrounding a possible crime, absent a showing that the investigation has passed the investigatory stage and has focused on the accused. State v. Weeks, 345 So.2d 26 (La. 1977); State v. Jackson, 452 So.2d 1250 (La.App. 2d Cir. 1984), writ denied, 457 So.2d 17 (La. 1984). In this case, the record shows that the police came to Blackson's house to investigate a crime other than the crime for which he has now been convicted.
A sentence of three years at hard labor for this defendant does not shock the sense of justice and is not grossly out of proportion to the severity of the crime. See and compare State v. Jackson, 452 So.2d 1250 (La.App. 2d Cir. 1984), writ denied, 457 So.2d 17 (La. 1984), in which this court held that a three-year sentence for negligent homicide involving an automobile accident was not constitutionally excessive given the defendant's prior history of numerous traffic offenses. These assignments of error are without merit.
A blood alcohol level equal to or greater than .10 grams percent does not automatically render an otherwise valid confession per se involuntary, nor does it increase the State's burden of proof. In State v. Jackson, 452 So.2d 1250 (La.App. 2d Cir.), writ denied, 457 So.2d 17 (La. 1984) and State v. King, 573 So.2d 604 (La.App. 2d Cir. 1991), the Second Circuit found that statements made by the defendants were knowingly made after freely and voluntarily waiving their Miranda rights, despite blood alcohol levels of .16 grams percent and .359 grams percent, respectively. The trial court placed great emphasis on the remarks made by the admissions nurse, and the fact that these remarks conflicted with the testimony of Uloth.
Consequently, the state had to rely upon the defendant's inculpatory statement made to Trooper Lee to satisfy this requirement. As pointed out in State v. Jackson, 452 So.2d 1250, 1253 (La.App. 2d Cir. 1984): "Miranda warnings are not a prerequisite to the admissibility of statements taken by officers during non-custodial, general, on-the-scene investigations, conducted to determine the facts and circumstances surrounding a possible crime, absent a showing that the investigation has passed the investigatory stage and has focused on the accused.