Crider v. State
319 Ga. App. 567
Ga. Ct. App.2013Background
- Crider appeals from convictions for DUI (less safe and per se) and failure to maintain a lane.
- Officer observed Crider weaving within lane and crossing fog line; he stopped her.
- Crider exhibited strong odor of alcohol, bloodshot/glassy eyes, and slurred speech.
- Crider admitted drinking; she stated she had three beers and a couple of shots.
- Crider performed field sobriety tests (HGN, walk-and-turn, portable breath) after initial questioning.
- Officer did not arrest, handcuff, or place Crider in the patrol car before field tests; arrest followed the tests; trial court denied suppression; appellate affirmance is based on custody standard and Miranda rule.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Crider in custody requiring Miranda warnings before field tests? | Crider argues she was not free to go and was in custody. | Crider contends Miranda warnings were required once drinking admitted. | Not in custody; warnings not required before field tests. |
Key Cases Cited
- State v. Pierce, 266 Ga. App. 233 (Ga. App. 2004) (test for arrest custody; temporary vs. permanent detention)
- Price v. State, 269 Ga. 222 (Ga. 1998) (custody determination; reasonable person standard)
- Turner v. State, 233 Ga. App. 413 (Ga. App. 1998) (custody factors; seriousness of circumstances)
- Clark v. State, 289 Ga. App. 884 (Ga. App. 2008) (temporary detention for investigation; not custody)
- State v. Picot, 255 Ga. App. 513 (Ga. App. 2002) (not under arrest before field sobriety tests)
- DiMauro v. State, 310 Ga. App. 526 (Ga. App. 2011) (mixture of law and fact in custody determination)