Harkleroad v. State
317 Ga. App. 509
Ga. Ct. App.2012Background
- February 10, 2002, Savannah police officer stops Harkleroad for speeding (43 mph in 30 mph zone) after radar detection.
- Officer notes strong odor of alcohol, bloodshot eyes, flushed face; front-seat passenger admits drinking and inability to drive.
- Harkleroad submits to a preliminary breath test after initial refusal; she agrees to test after officer assures results would be inadmissible against her.
- HGN test administered by an experienced officer; Harkleroad fails (four of six indicators).
- Intoxilyzer breath test at headquarters yields BAC of 0.094; second sample provided after an asthma-related interruption; over an hour passes while arranging an independent test, which she does not obtain.
- Harkleroad is charged with DUI (blood-alcohol-level and less-safe) and speeding; motions to suppress HGN and Intoxilyzer results denied; jury convicts; post-trial motions denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to arrest based on stop and tests | Harkleroad contends lack of probable cause to arrest | State contends probable cause existed from speeding, odor, and HGN | Probable cause supported; denial of suppression affirmed |
| Sufficiency of evidence for DUI conviction | Record insufficient to prove DUI beyond a reasonable doubt | Evidence of speeding, odor, HGN, and BAC supports DUI | Evidence sufficient; conviction affirmed |
| Improper closing argument concerning asthma/medical records | State improperly referenced lack of medical records/expert testimony | No preserved objection to closing statement | Argument not reviewable due to lack of preservation |
| Waiver of request for continuance for expert testimony | Needed continuance to arrange expert testimony | No request for continuance; defendant announced ready | Waived; continuance not required for admission of evidence |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of evidence on appeal)
- Reese v. State, 270 Ga. App. 522 (607 SE2d 165) (Ga. App. 2004) (evidence reviewed in light of verdict; defer to trial court on credibility)
- Ware v. State, 309 Ga. App. 426 (710 SE2d 627) (Ga. App. 2011) (trier of fact credibility; suppression standards retained)
- Salmeron v. State, 280 Ga. 735 (1) (632 SE2d 645) (Ga. 2006) (arrests and suppression standards; clarifies grounds for suppression)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (reiterated standard for evidentiary sufficiency)