Hinton v. State
319 Ga. App. 673
Ga. Ct. App.2013Background
- Hinton was charged by accusation with DUI — less safe after a bench trial.
- A City of Atlanta sergeant with extensive DUI experience observed speeding and a traffic stop occurred.
- Hinton, age 17 at the time, showed odor of alcohol, slurred speech, glassy eyes, and dilated pupils; she denied drinking.
- Hinton initially declined further tests, argued with the officer, and the officer stopped field sobriety testing.
- Inventory search revealed unopened beer cans and spilled beer inside the vehicle, suggesting concealment; no medications found.
- The sergeant testified that, in his experience, Hinton was under the influence; Hinton did not testify or present evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence of DUI — less safe? | Hinton | Hinton | Yes; sufficient evidence to support guilt |
| Does the reasonable-hypothesis rule apply where evidence is not wholly circumstantial? | Hinton | Hinton | Not applicable; direct evidence supported guilt |
| Can officer opinion and circumstantial indicators together establish guilt beyond reasonable doubt? | State | Hinton | Yes; officer's testimony and observations sufficient |
Key Cases Cited
- Jaffray v. State, 306 Ga. App. 469 (Ga. App. 2010) (elements of DUI—less safe, including circumstantial and testimonial evidence)
- Corbin v. State, 305 Ga. App. 768 (Ga. App. 2010) (driver’s erratic behavior and odor of alcohol support DUI—less safe)
- Matheson v. State, 249 Ga. App. 200 (Ga. App. 2001) (refusal to submit tests evidence of guilt)
- Lee v. State, 280 Ga. App. 706 (Ga. App. 2006) (multiple indicators including odor, eyes, behavior support DUI—less safe)
- Drogan v. State, 272 Ga. App. 645 (Ga. App. 2005) (circumstantial-proof framework for DUI—less safe)
- Meeks v. State, 281 Ga. App. 334 (Ga. App. 2006) (reasonable-hypothesis rule applicable to circumstantial evidence cases)
- O’Connell v. State, 285 Ga. App. 835 (Ga. App. 2007) (court will not reweigh evidence; verdict sustained if supported by proof)
- Wells v. State, 297 Ga. App. 153 (Ga. App. 2009) (sergeant’s testimony and physical evidence can sustain DUI — less safe)