Hale v. State
310 Ga. App. 363
Ga. Ct. App.2011Background
- Hale was convicted by a jury of passing in a no-passing zone and DUI less-safe.
- An officer observed Hale illegally cross a double-yellow line and stopped him at a restaurant/bar parking lot.
- The officer smelled alcohol; Hale admitted consuming one or two beverages about two hours earlier.
- Hale performed three field sobriety tests; he showed impairment and requested a breath or blood test; a portable alco-sensor test was administered and came back positive.
- Hale was arrested for the traffic offense and DUI less-safe; he was taken to the station and given an Intoxilyzer 5000 breath test under the Implied Consent Statute.
- Before trial, Hale sought to suppress the alco-sensor results due to custody/Miranda concerns and sought to exclude the Intoxilyzer results because he was denied an independent test; the trial court denied suppression of the alco-sensor and excluded the Intoxilyzer test, but later mentioned the excluded test in preliminary jury instructions; Hale was convicted, and on appeal the convictions were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of alco-sensor results | Hale argues custodial Miranda rights required for the alco-sensor. | Hale argues the alco-sensor was inadmissible under custody/Miranda rules. | Alco-sensor results admissible; not error to admit. |
| Preliminary instruction referencing excluded test | Hale argues mentioning excluded breath test biased the jury. | State contends error was harmless or not reversible. | Harmless error; convictions affirmed. |
Key Cases Cited
- State v. Peters, 222 Ga.App. 484, 474 S.E.2d 623 (1996) (brief detention for field sobriety tests may negate need for Miranda warnings)
- State v. Norris, 281 Ga.App. 193, 635 S.E.2d 810 (2006) (alco-sensor tests in custodial arrest are inadmissible absent Miranda)
- Phillips v. State, 285 Ga. 213, 675 S.E.2d 1 (2009) (spontaneous/unwarned statements are not subject to Miranda)
- Price v. State, 269 Ga. 222, 498 S.E.2d 262 (1998) (reasonable belief of jail affects custody analysis for Miranda)
- Goddard v. State, 242 Ga.App. 154, 529 S.E.2d 184 (2000) (evidence viewed in light most favorable to verdict)