Parker v. State
307 Ga. App. 61
Ga. Ct. App.2010Background
- Parker was charged with DUI per se, DUI less safe, and improper lane change after a late-night traffic stop.
- An officer stopped Parker for allegedly unsafe lane change on a state route; Parker admitted from a restaurant where she split beer.
- Field sobriety tests including HGN, walk-and-turn, one-leg-stand, and an alco-sensor were administered; HGN yielded six out of six impairment clues.
- A breath test at the jail yielded two 0.101 BAC readings within three hours of driving.
- The officer administered roadside sobriety tests after which Parker was placed under arrest; Miranda warnings were given before the breath test but not before roadside tests.
- Parker challenged the stop, the HGN evidence, pre-arrest sobriety tests without Miranda, and the arrest probable cause; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the traffic stop justified? | Parker | Parker | Stop justified by reasonable suspicion |
| Is the HGN evidence admissible given alleged improper smooth pursuit? | Parker | Parker | Admissible; substantial compliance; weight to be weighed |
| Were roadside sobriety tests without Miranda warning admissible? | Parker | Parker | Admissible; not in custody at roadside |
| Was there probable cause to arrest Parker for DUI? | Parker | Parker | Probable cause established |
Key Cases Cited
- State v. Tousley, 271 Ga.App. 874, 611 S.E.2d 139 (Ga. App. 2005) (HGN admissibility; standard of review)
- Harper v. State, 249 Ga. 519, 292 S.E.2d 389 (Ga. 1982) (scientific admissibility prerequisites)
- Brown v. State, 299 Ga.App. 402, 683 S.E.2d 614 (Ga. App. 2009) (custody for Miranda purposes; stop context)
- Foster v. State, 255 Ga.App. 704, 566 S.E.2d 418 (Ga. App. 2002) (custody determination; suppression standard)
- Jaffray v. State, 306 Ga.App. 469, 702 S.E.2d 742 (Ga. App. 2010) (HGN and impairment evidence sufficiency)
- Steinberg v. State, 286 Ga.App. 417, 650 S.E.2d 268 (Ga. App. 2007) (probable cause standard; impairment evidence)