364 Ga. App. 263
Ga. Ct. App.2022Background
- Conviction after jury trial in Henry County for driving under the influence (drugs; less safe) and failure to maintain lane; directed verdicts granted on two other counts.
- Around 1:00 a.m., a trooper observed King swerving across lanes on I-75 and stopping on the left shoulder after being signaled to pull over.
- Trooper observed fast/disjointed speech, fumbled license, needle punctures/track marks on hands, and King reported a broken wrist and prescribed narcotic use.
- King displayed constant “jumpy” movements and exaggerated reflexes; trooper performed drug-recognition evaluations.
- Field signs: dilated pupils slow to react, lack of convergence, inability to balance/stand still, elevated heart rate (108 bpm), red conjunctiva, and raised tastebuds; King refused blood test.
- Trooper was a certified drug-recognition expert; based on totality of observations, trooper opined King was impaired by a stimulant. Court denied directed verdict; Court of Appeals affirmed conviction, finding sufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying King's motion for directed verdict of acquittal on DUI-less-safe (Count 1) | King: Insufficient evidence that he was under the influence to the extent less safe; trial court should have acquitted | State: Observations of driving, physical signs, field sobriety/drug-recognition results, and expert opinion provided sufficient evidence | Denied error; conviction affirmed — evidence sufficient for a rational trier of fact to find guilt beyond reasonable doubt |
| Whether the evidence was legally sufficient to support the DUI-less-safe conviction | King: Trial evidence did not establish impairment by a drug to make him less safe | State: Trooper’s training and observations established drug impairment and less-safe driving; chemical tests unnecessary | Held sufficient; case law permits conviction based on non-chemical evidence and officer expertise |
Key Cases Cited
- Jones v. State, 332 Ga. App. 449 (2015) (defines elements of DUI-less-safe and affirms sufficiency can rest on observational evidence)
- Soles v. State, 360 Ga. App. 91 (2021) (explains chemical analysis is not required to prove DUI-less-safe)
- Head v. State, 303 Ga. App. 475 (2010) (reversed where record lacked evidence of less-safe driving despite odor of alcohol)
- Thomas v. State, 253 Ga. App. 866 (2002) (reversed where record lacked evidence connecting observed conduct to cocaine impairment)
- Clay v. State, 193 Ga. App. 377 (1989) (reversed where officer’s opinion lacked evidentiary foundation due to absence of impairment signs)