Hines v. State
308 Ga. App. 299
Ga. Ct. App.2011Background
- Around 11:00 p.m. on November 16, 2007, Lieutenant Brooks responded to a fight at Buffalo's restaurant in Dublin and observed Hines exiting the parking lot in a reckless, fast manner.
- Brooks stopped in front of Hines' black pickup to question him about involvement in the fight, based on the fight report and Hines' driving behavior.
- Brooks smelled alcohol on Hines, who admitted his license was suspended and that he had been drinking.
- Officer Grieser, a DUI specialist, administered standardized field sobriety tests; Hines exhibited six of eight HGN clues and failed other tests; a portable breath test indicated alcohol presence above 0.08.
- Hines was arrested, given the implied-consent warning, and submitted to an Intoxilyzer test showing a BAC of 0.122.
- Hines was convicted of DUI per se and DUI to the extent that he was a less safe driver; his motion to suppress was denied and he appeals on suppression and coercion/justification grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to stop Hines? | Hines argues Brooks lacked reasonable suspicion. | State contends facts supported a reasonable-suspicion stop. | Stop supported by articulable suspicion; upheld. |
| Did coercion negate justification as a defense to DUI? | Hines asserts coercion negates criminal liability under OCGA § 16-3-26. | State bears burden to disprove coercion; jury resolved against coercion. | Jury verdict on coercion stands; not disturbed. |
Key Cases Cited
- Al-Amin v. State, 278 Ga. 74, 597 S.E.2d 332 (2004) (framework for reviewing suppression findings)
- Bramlett v. State, 302 Ga. App. 527, 691 S.E.2d 333 (2010) (standard for appellate review of suppression rulings)
- Taylor v. State, 249 Ga. App. 733, 549 S.E.2d 536 (2001) (accepts deference to trial court credibility findings)
- Butler v. State, 303 Ga. App. 564, 694 S.E.2d 168 (2010) (context for suppression review standards)
- State v. Ellison, 271 Ga. App. 898, 611 S.E.2d 129 (2005) (recognizes credibility findings in suppression context)
- Davis v. State, 232 Ga. App. 882, 502 S.E.2d 779 (1998) (coercion as a jury-resolved issue; sufficiency review)
- Stitt v. State, 190 Ga. App. 58, 378 S.E.2d 168 (1989) (coercion defense standards)