Daniels v. State
321 Ga. App. 748
Ga. Ct. App.2013Background
- Daniels was convicted by jury of DUI per se and driving with a suspended license.
- Evidence showed Daniels exited a vehicle at a motel parking lot near a roadblock, smelled of alcohol, and later tested BAC 0.196.
- Former girlfriend testified they were both intoxicated and Daniels drove the vehicle; she disputed driving claim.
- An officer observed intoxication indicators and obtained a positive breath test; Daniels did not deny driving.
- Daniels testified he was not driving and his license was suspended; other officers informed that his license was suspended since 2001 and no valid license existed at trial.
- Daniels challenged (1) sufficiency of the evidence, (2) illegal search/seizure, and (3) denial of a continuance; the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support DUI and license suspension | Daniels argues the evidence is insufficient. | State contends evidence shows operating vehicle and intoxication. | Evidence sufficient to sustain both convictions. |
| Illegal search and seizure challenge at trial | Daniels claims unlawful stop and seizure. | Officers had articulable suspicion after initial encounter. | Encounter framed as a first-tier, non-seizure contact; suppression denied. |
| Continuance denial for absence of witness | Daniels sought delay to obtain biased witness (his mother). | State argues no failure to meet OCGA 17-8-25; no shown harm. | No reversible error; no proven harm from denial. |
Key Cases Cited
- Rankin v. State, 278 Ga. 704 (Ga. 2004) (standard for sufficiency—Jackson v. Virginia framework)
- Heard v. State, 257 Ga. App. 505 (Ga. App. 2002) (evidence sufficiency for driving with suspended license)
- Bacallao v. State, 307 Ga. App. 539 (Ga. App. 2011) (approach to stopped vehicle is non-seizure first-tier encounter)
- Stokes v. State, 238 Ga. App. 230 (Ga. App. 1999) (non-seizure investigative encounter supported by suspicion)
- Howell v. State, 179 Ga. App. 632 (Ga. App. 1986) (sufficiency of evidence for DUI under 0.08)
- Mueller v. State, 257 Ga. App. 830 (Ga. App. 2002) (evidence sufficiency re driving with alcohol concentration)
- Theophile v. State, 295 Ga. App. 517 (Ga. App. 2009) (absence of witness requires harm showing for reversal)