Lee v. State
317 Ga. App. 507
Ga. Ct. App.2012Background
- Lee was convicted by bench trial of driving under the influence of marijuana and speeding; evidence viewed in light most favorable to the verdict; trial court denied new trial for insufficiency of evidence; police stopped on I-20 at ~12:30 a.m. after radar clocked 86 mph in 70 mph zone; odor of marijuana observed, Lee stumbled, bloodshot eyes, dry mouth, and use of car to balance; Lee allegedly refused blood/urine tests; Lee claimed he was not smoking and did not stumble; corroborating testimony from stepbrother; trial court credited State’s credibility finding; verdict of speeding and less safe marijuana DUI affirmed; judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence suffices to support speeding and DUI (less safe) | State argues sufficient, credible evidence supports guilt | Lee contends credibility and defenses negate proof beyond reasonable doubt | Evidence sufficient; verdict affirmed |
Key Cases Cited
- Joiner v. State, 299 Ga. App. 300 (2009) (credibility determinations favorable to State supported verdict)
- Nassau v. State, 311 Ga. App. 438 (2011) (discusses evidentiary sufficiency and credibility constraints)
- Crusselle v. State, 303 Ga. App. 879 (2010) (evidentiary sufficiency and standard of review for guilty verdicts)