Lawson v. State
313 Ga. App. 751
Ga. Ct. App.2012Background
- Lawson was found asleep at about 3:00 a.m. in a running, illuminated SUV with two nearly empty vodka bottles.
- He admitted to drinking and driving to the McDonald’s after consuming alcohol; BAC was 0.157.
- The vehicle had a suspended registration and was uninsured; Lawson admitted driving without insurance.
- Lawson claimed the car belonged to his father and that registration transfer was not completed; sister was to handle it.
- Prior DUI arrest in 2006 with open container; later, Lawson admitted a second DUI conviction from 2000.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence proves driving or actual physical control | Lawson drove under the influence; presence in car suffices. | Merely being in the stopped vehicle is insufficient. | Evidence supports driving or control beyond reasonable doubt. |
| Whether the State proved knowlingly driving without insurance | Lawson admitted driving without insurance; knowledge inferred. | Knowledge of no insurance not proven; credibility issue. | Knowledge proven beyond reasonable doubt; affirmed. |
| Whether there is sufficient evidence Lawson knowingly drove with suspended registration | Circumstantial evidence shows knowledge of suspension. | No evidence of ownership/possession to establish knowledge. | Conviction reversed for lack of proven knowledge. |
| Whether open container conviction stands without certified ordinance copy | Open container evidence supports conviction under ordinance. | Record lacked properly admissible copy of ordinance. | Open container conviction reversed; ordinance not proven. |
Key Cases Cited
- Merritt v. State, 288 Ga.App. 89 (Ga. App. 2007) (circumstantial evidence may support DUI if reasonable)
- Deering v. State, 244 Ga.App. 30 (Ga. App. 2000) (infer actual physical control from circumstances)
- Jenkins v. State, 223 Ga.App. 446 (Ga. App. 1996) (driving under influence shown by circumstances)
- Schoicket v. State, 211 Ga.App. 636 (Ga. App. 1994) (circumstantial evidence must support guilt beyond reasonable doubt)
- Melendy v. State, 202 Ga.App. 638 (Ga. App. 1992) (circumstantial evidence in DUI cases)
- Johnson v. State, 194 Ga.App. 501 (Ga. App. 1990) (evidence of control and intoxication)
- Langham v. State, 196 Ga.App. 71 (Ga. App. 1990) (knowledge may be proved by circumstantial evidence)
- English v. State, 261 Ga.App. 157 (Ga. App. 2003) (no proof of knowledge of uninsured status required for conviction)
- In the Interest of J.S., 303 Ga.App. 788 (Ga. App. 2010) (circumstantial evidence must exclude reasonable hypotheses of innocence)
- Poole v. State, 229 Ga.App. 406 (Ga. App. 1997) (local ordinance proof requires certified copy or proper notice)
- Jones v. State, 272 Ga. 900 (Ga. 2000) (burden to prove crime beyond reasonable doubt)