334 Ga. App. 781
Ga. Ct. App.2015Background
- At ~12:50 a.m., officer found Jennifer Hammond stopped at a green light; she remained in her car and appeared asleep when officer returned ~15–20 minutes later.
- Upon waking, Hammond smelled of alcohol, was unsteady, and spoke with slurred speech admitting she had three drinks and saying later, “this is my third DUI.”
- Hammond refused field sobriety and breath tests; officers arrested her and charged her with DUI (less safe), impeding traffic, and improper parking.
- State moved to admit two prior DUI convictions under OCGA § 24-4-417(a)(1); the trial court admitted them and a jury convicted Hammond on all counts.
- On appeal Hammond argued the priors were irrelevant under Frost v. State (Frost I); the court reviewed the admission for abuse of discretion.
- After briefing, the Georgia Supreme Court’s decision in State v. Frost (Frost II) was controlling and the appellate court affirmed admission of the priors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence of prior DUI convictions is admissible under OCGA § 24-4-417(a)(1) after a refusal to take the state test | Hammond: Priors are not relevant to prove knowledge/plan here (relying on Frost I) | State: Priors show awareness that alcohol impaired driving and explain refusal; relevant to knowledge/plan | Admission was not an abuse of discretion; priors admissible (affirmed) |
Key Cases Cited
- Frost v. State, 328 Ga. App. 337 (Ga. Ct. App.) (trial-court admission of priors reversed) (explains limits on relevance of prior refusals)
- State v. Frost, 297 Ga. 296 (Ga.) (Georgia Supreme Court) (upheld admissibility of prior DUI convictions to show awareness/knowledge and explain test refusal)
- Reeves v. State, 294 Ga. 673 (Ga.) (standard of review for admission of evidence: abuse of discretion)
- Jones v. State, 326 Ga. App. 658 (Ga. Ct. App.) (discusses DUI as general intent crime)