Harris v. State
307 Ga. App. 847
| Ga. Ct. App. | 2011Background
- Harris was found guilty by a jury of DUI, with additional counts for running a stop sign and failing to maintain lane.
- At ~2:00 a.m. on August 4, 2007, a sergeant observed Harris fail to stop at a stop sign and later stop Harris after noticing lane-change without signaling.
- The sergeant detected an odor of alcohol and observed bloodshot, watery eyes; an alco-sensor test was positive for alcohol.
- Harris had a spinal cord injury, so the sergeant did not administer field sobriety tests or perform a full HGN test.
- The sergeant arrested Harris based on his training and observations, including odor and the alco-sensor result.
- The trial court denied Harris's amended motion for a new trial; the Court of Appeals affirmed the conviction for DUI as supported by sufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports DUI—less safe driver | Harris argues insufficient evidence to convict | State contends evidence including odor, eyes, and alco-sensor suffices | Sufficient evidence to sustain DUI conviction |
Key Cases Cited
- Gamble v. State, 283 Ga. App. 326 (Ga. App. 2007) (standard for reviewing sufficiency on appeal)
- Davis v. State, 301 Ga. App. 484 (Ga. App. 2009) (proof of impaired driving ability required)
- Drogan v. State, 272 Ga. App. 645 (Ga. App. 2005) (evidence from officer observations and tests can support DUI)
- Yglesia v. State, 288 Ga. App. 217 (Ga. App. 2007) (a traffic violation can constitute evidence of impairment)