Armour v. State
315 Ga. App. 745
Ga. Ct. App.2012Background
- Armour was convicted of DUI-less safe after a jury trial.
- Evidence at arrest included odor of marijuana, marijuana remains, and a Xanax bottle in Armour’s car.
- Armour admitted daily marijuana use but denied smoking that day; she smoked previous evening.
- Officer observed bloodshot eyes and dilated pupils after the crash and conducted a field sobriety test yielding impairment indicators.
- Blood test was conducted after implied-consent warning; Armour was transported to jail for processing.
- Armour moved to suppress evidence; the trial court denied the motion; no further suppression rulings are appealed; appeal bond issues were moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for DUI-less safe arrest | Armour argues no probable cause. | State asserts totality of circumstances shows probable cause. | Probable cause existed. |
| Judicial commentary on evidence | Armour argues trial judge improperly expressed opinion. | State contends remarks were verbal rulings, not improper opinions. | No reversible error. |
| Appeal bond/mootness | Armour contends immediate appeal bond should have been set. | Bond issue rendered moot after affirmation of judgment. | Issue moot; affirmed judgment. |
Key Cases Cited
- Moss v. State, 194 Ga. App. 181 (1990) (probative evidence of impairment supporting probable cause)
- Campbell v. State, 313 Ga. App. 436 (2011) (probable cause for DUI-less safe based on multiple impairment indicators)
- Handley v. State, 294 Ga. App. 236 (2008) (observations of physical appearance/behavior support impairment findings)
- Bolden v. State, 281 Ga. App. 258 (2006) (testimony about state of sobriety admissible; corroboration by other evidence)
- Wilson v. State, 308 Ga. App. 383 (2011) (witness may testify as to condition of sobriety and basis for opinion)
- Slayton v. State, 281 Ga. App. 650 (2006) (circumstances showing impairment support probable cause)