Scoggins v. State
306 Ga. App. 760
Ga. Ct. App.2010Background
- Scoggins was convicted at a stipulated bench trial of DUI less safe (OCGA § 40-6-391(a)(1)) and DUI per se (OCGA § 40-6-391(a)(5)); the court merged the offenses and found DUI less safe.
- Officer Heller stopped Scoggins after reports of a silver Nissan Xterra firing a weapon out a window; Scoggins exited, was handcuffed, and arrested for illegal discharge of a firearm near a public street.
- In the vehicle search, officers found an alcoholic beverage, a firearm under the driver’s seat, and a shell casing; Scoggins and passenger Denver Gray provided conflicting accounts of alcohol use.
- Gray told police they consumed two pitchers of beer; Scoggins had bloodshot eyes, smelled of alcohol, and appeared nervous; implied-consent warnings were read and breath testing followed.
- Breath-test results at the jail were 0.167 and 0.168; Deputy Casal testified he used a log-book entry because the original intoxilyzer slip was not retained.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of breath-test results via best evidence rule | State could rely on the log-book entry; no need for the original slip. | Log-book entry should be excluded; best evidence rule requires the intoxilyzer slip. | Waived; no contemporaneous objection; evidence admitted. |
| Probable cause and implied consent for DUI arrest | Officer had probable cause to arrest for DUI less safe based on behavior and conduct. | Arrest based on firearm-violation context; not clearly tied to DUI probable cause. | Probable cause existed for DUI less safe; implied consent rights properly advised. |
| Sufficiency of evidence for DUI less safe | Evidence supported guilt beyond reasonable doubt. | Insufficient or conflicting evidence to prove DUI less safe. | Evidence was sufficient for conviction of DUI less safe. |
Key Cases Cited
- Cann-Hanson v. State, 223 Ga.App. 690, 478 S.E.2d 460 (1996) (bloodshot eyes and odor used to establish probable cause for DUI)
- State v. Underwood, 283 Ga. 498, 661 S.E.2d 529 (2008) (arrest based on acts alleged in DUI statute as arising from offense)
- Mintz v. State, 273 Ga. App. 211, 615 S.E.2d 152 (2005) (objection preservation requirements at trial)
- Yang v. Washington, 256 Ga.App. 239, 568 S.E.2d 140 (2002) (triangulation of evidentiary error requires error, contemporaneous objection, and harm)
- Holloway v. State, 278 Ga.App. 709, 629 S.E.2d 447 (2006) (preservation of evidentiary objections in appeal)
- Lyons v. State, 300 Ga.App. 254, 684 S.E.2d 388 (2009) (standard for reviewing sufficiency of evidence)