Flading v. State
327 Ga. App. 346
| Ga. Ct. App. | 2014Background
- Officer observed Flading's vehicle weaving, crossing lines, and performed a traffic stop; officer detected moderate alcohol odor and glassy eyes.
- Flading admitted drinking (2–3 beers); officer conducted HGN test (4/6 clues) and a positive preliminary breath test; Flading refused state-administered chemical test.
- At the ALS (administrative license suspension) hearing, Flading (through attorney Sarah Hoffman) signed a Final Decision stipulating that he would plead guilty to DUI in exchange for withdrawal of the sworn report and return of his license.
- The State introduced the ALS Final Decision (signed by Hoffmann and Officer Ott) at the criminal trial over Flading’s motion in limine.
- Jury convicted Flading of DUI (less safe) and failure to maintain lane; Flading appealed solely challenging admission of the Final Decision.
Issues
| Issue | Plaintiff's Argument (Flading) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Admissibility of ALS Final Decision at criminal trial | Final Decision (stipulation) should be excluded; Georgia precedent restricts use of ALS hearing materials | Final Decision is an admission/stipulation by defendant’s counsel and is admissible; cross-examination can address reliability | Court admitted Final Decision: defendant’s counsel authorized stipulation, defendant accepted benefit (license reinstatement) and did not repudiate; admission proper |
| Prejudice under OCGA § 24-4-403 (Rule 403) | Final Decision is highly suggestive and unfairly prejudicial | Relevant and probative; not cumulative or of scant probative value; probative value not substantially outweighed by prejudice | Trial court did not abuse discretion admitting document; 403 exclusion not warranted |
| Need for indicia of counsel authority / reliability of Hoffman’s signature | Insufficient proof Hoffman was an attorney acting with Flading’s authority; statement unreliable | Trial record shows Flading hired Hoffman, counsel conceded representation at hearing, Officer Ott testified Hoffman conferred with Flading and signed document | Sufficient indicia of authority and reliability; credibility issues for jury to resolve |
| Preclusive effect of ALS proceedings | ALS findings should not preclude criminal prosecution | State did not seek preclusive effect; offered the ALS stipulation as an admission, not binding factfinder result | Court distinguished prior cases on ALS preclusion; no preclusive effect claimed; admission allowed as stipulation/admission |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (sufficiency of evidence standard in criminal convictions)
- Walker v. State, 314 Ga. App. 67 (appellate review of motions in limine/suppress; legal application de novo when facts undisputed)
- Wyatt v. State, 179 Ga. App. 327 (ALS hearing context where officer did not appear)
- Sheffield v. State, 184 Ga. App. 141 (ALS hearing reinstatement where officer absent)
- Hunter v. State, 191 Ga. App. 769 (ALS withdrawal circumstance)
- Swain v. State, 251 Ga. App. 110 (no preclusive effect given ALS factfinding; explains limited scope of ALS hearings)
- Muldrow v. State, 322 Ga. App. 190 (effect of stipulation and acceptance of its benefit)
- Vega v. State, 285 Ga. 32 (jury’s role resolving credibility and inconsistencies)
- Martin v. State, 251 Ga. App. 149 (admissibility of administrative documents/statements)
- Kendrick v. State, 240 Ga. App. 530 (admission of certain evidence from administrative contexts)