Kar v. State
318 Ga. App. 379
Ga. Ct. App.2012Background
- Kar was convicted after a jury trial of possession of methamphetamine, DUI of methamphetamine and amphetamine, DUI less safe, and speeding; arrest occurred after a high-speed interstate chase and erratic driving.
- Officer Harper observed Kar driving 94 mph in a 70 mph zone, pursued, and observed fidgety, quick behavior and unusual signs after stopping Kar on the exit ramp.
- A small bag of methamphetamine was found in Kar’s pants pocket during a search incident to arrest, prompting multiple field sobriety tests.
- Harper conducted Romberg field sobriety and other tests; Kar was determined intoxicated to the extent that he was less safe to drive.
- Kar argued on appeal that the Romberg test was inadmissible under Harper v. State and that the evidence was insufficient for both DUI less safe and possession of methamphetamine.
- The court affirmed, holding the Romberg evidence harmless given overwhelming other evidence, and finding sufficient evidence for both the DUI less safe conviction and the meth possession conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Romberg test under Harper v. State | Kar argues Romberg test lacked proper Harper foundation. | Kar contends admission violated Harper standards. | Harmless error; no reversal due to overwhelming evidence. |
| Sufficiency of evidence for DUI less safe | State must prove impaired driving due to intoxicant; timing not fatal. | Impairment shown by overall indicia; need not rely on officer's explicit opinion. | Sufficient evidence supports DUI less safe. |
| Sufficiency of evidence for possession of methamphetamine | State proved possession; possible alternative owner hypothesis raised. | Defense urged that pants may belong to another person. | Sufficient evidence; jury resolve competing hypotheses in favor of guilt. |
Key Cases Cited
- Jaffray v. State, 306 Ga. App. 469 (2010) (admissibility and impairment standards in DUI context; cited for evidentiary principles)
- Pecina v. State, 274 Ga. 416 (2001) (impairment evidence and DUI less safe principles)
- State v. Sanders, 274 Ga. App. 393 (2005) (impairment evidence and standard of review in DUI cases)
- Manley v. State, 206 Ga. App. 281 (1992) (sobriety test reliability and lay evidentiary standards)
- Foster v. State, 204 Ga. App. 632 (1992) (discussion of sobriety tests and impairment evidence)