309 Ga. App. 544
Ga. Ct. App.2011Background
- Rivera was convicted of two counts of DUI less safe and one count of failure to maintain her lane.
- Arresting officer observed erratic driving, including crossing center line and weaving, at ~9:00 p.m.
- Rivera pulled over to speak with a second officer; initial officer assumed distraction or being lost.
- Rivera exhibited slow speech, glassy eyes, and signs of impairment; sobriety tests indicated impairment.
- Rivera consented to a blood test; results showed lorazepam, zolpidem, and mirtazapine in her blood.
- Trial court denied Rivera’s sufficiency and venue challenges; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Rivera less safe to drive due to drugs? | Rivera less safe due to lorazepam and zolpidem. | Not enough to prove impairment beyond reasonable doubt. | Yes; evidence sufficient to show impairment and less safe driving. |
| Was venue proper in Jasper County? | Offense observed in Jasper County; venue proper there. | No sufficient venue evidence. | Yes; venue proper in Jasper County. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1980) (sufficiency review—reasonable doubt standard)
- Duncan v. State, 305 Ga.App. 268 (2010) (driving impairment evidence admissible from manner of driving)
- Key v. State, 289 Ga.App. 317 (2008) (expert officer testimony admissible on impairment)
- Walczak v. State, 259 Ga.App. 140 (2003) (driving manner as evidence of intoxication impact)
- Corbin v. State, 305 Ga.App. 768 (2010) (single witness may establish a fact)