Dorsey v. State
327 Ga. App. 226
Ga. Ct. App.2014Background
- Early morning traffic stop after officer observed a gold car enter Chattanooga Road from a parking lot and nearly collide with oncoming traffic.
- Officer asked Dorsey out of the car; detected alcohol odor and administered field sobriety tests: HGN (6/6 clues), walk-and-turn (multiple misses, balance problems, wrong turn), one-leg stand (could only count to three and five with balance loss).
- Alco-sensor breath test produced a positive result on the fifth attempt; open and closed alcohol containers were found in the vehicle.
- Dorsey resisted arrest, pushed the officer, fled in his car with the officer partially in the doorway; the officer was thrown from the vehicle and suffered a broken arm and dislocated shoulder.
- Dorsey was indicted on multiple counts; jury convicted him of failure to yield, DUI less safe, causing serious injury by vehicle (via OCGA § 40-6-391), and other counts; he appealed alleging insufficient evidence for failure to yield, DUI less safe, and serious injury by vehicle.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Dorsey) | Held |
|---|---|---|---|
| Sufficiency of evidence for failure to yield (OCGA § 40-6-73) | Officer’s testimony that Dorsey entered from a parking lot and nearly caused a broadside collision supports conviction | No accident, no video, testimony is uncorroborated single-witness evidence | Conviction upheld; single witness testimony may suffice, viewed in light most favorable to verdict |
| Sufficiency of evidence for DUI less safe (OCGA § 40-6-391(a)(1)) | Driving behavior entering roadway, odor of alcohol, positive alco-sensor, FST failures, open containers, and flight support conviction | Driving after being followed was proper; some FSTs and behavior inconsistent with impairment; challenges to reliability | Conviction upheld; totality of evidence permitted a rational juror to find DUI less safe beyond reasonable doubt |
| Sufficiency of evidence for serious injury by vehicle (OCGA § 40-6-394) | Officer’s injuries plus underlying DUI conviction satisfy elements | Challenges underlying DUI sufficiency (thus attacks predicate element) | Conviction upheld; because DUI evidence was sufficient, the predicate element for serious injury by vehicle was satisfied |
Key Cases Cited
- Drammeh v. State, 285 Ga. App. 545 (2007) (single-witness testimony can suffice to establish a fact)
- Sidner v. State, 304 Ga. App. 373 (2010) (authority on Evidence Code timing and related standards)
- Cecil v. State, 263 Ga. App. 48 (2003) (testimony of one witness sufficient to support conviction)
- Garrett v. State, 306 Ga. App. 429 (2010) (proof of DUI under OCGA § 40-6-391 is an element of serious injury by vehicle under OCGA § 40-6-394)
- Hinton v. State, 319 Ga. App. 673 (2013) (examples of sufficient evidence for DUI less safe: erratic driving, odor, HGN failure)
- Corbin v. State, 305 Ga. App. 768 (2010) (open container, odor, erratic driving support DUI less safe conviction)
- Merritt v. State, 288 Ga. App. 89 (2007) (flight from the scene is admissible as evidence of impairment)
- Lee v. State, 280 Ga. App. 706 (2006) (similar factors supporting DUI less safe: speeding, odd behavior, odor, open containers)