Smith v. the State
338 Ga. App. 635
Ga. Ct. App.2016Background
- At ~2:48 a.m., an officer observed Saevon Smith slow and stop his truck at a green light on a busy highway near I‑285, causing other vehicles to maneuver around him; officer activated lights and approached.
- Officer found Smith drowsy, head reclined, eyes closed/half‑closed, foot on brake while truck remained in drive, smelled of alcohol, and admitted drinking two or three beers.
- Smith performed poorly on field sobriety tests (HGN: 6/6 clues; walk‑and‑turn and one‑leg stand described as "horrible") and an Alco‑sensor indicated alcohol; later Intoxilyzer 9000 breath tests at the station showed .145 and .142 BAC.
- Officer arrested Smith for DUI (less safe); state charged him with impeding the flow of traffic (OCGA § 40‑6‑184(a)), DUI less safe (OCGA § 40‑6‑391(a)(1)), and DUI per se (OCGA § 40‑6‑391(a)(5)).
- At trial the State introduced video, booking photo, field test video, Intoxilyzer inspection certificates, and breath test results; Smith moved to suppress, to sever counts, and objected to certain evidence admission.
- Verdict: guilty on impeding traffic, DUI less safe, and DUI per se. On appeal the court affirmed in part, reversed in part, vacated sentencing, and remanded for resentencing.
Issues
| Issue | Smith's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for impeding flow of traffic | Smith argued other lanes remained open so he did not impede traffic | Officer/video showed traffic had to maneuver around him at a green light on a busy highway | Conviction affirmed — jury could find he impeded normal movement of traffic |
| Legality of initial stop (suppression) | Stop lacked reasonable, articulable suspicion of criminal conduct | Officer observed a traffic offense (stopping at green light without cause) authorizing stop | Denial of suppression affirmed — stop was supported by officer observations |
| Motion to sever DUI and impeding counts | Late motion argued offenses should be tried separately to avoid prejudice | Offenses arose from same conduct; no unfairness shown | Denial affirmed — no abuse of discretion to deny severance |
| Admission of Intoxilyzer inspection certificates / discovery issue | Certificates should be excluded because inspector not listed and copies not provided in discovery | Inspection certificates are non‑testimonial and admissible without inspector present; no contemporaneous objection to discovery ground | Admission affirmed — certificates admissible and discovery objection waived for appeal |
| Admission of breath test results after misleading refusal advice | Officer told nonresident Smith refusal would suspend his (SC) license; Smith argued advice misled him into consenting — tainted Intoxilyzer evidence | State conceded misleading advice but argued Intoxilyzer admission harmless as other evidence overwhelmingly showed less‑safe DUI; error harmful only to DUI per se | Court held admission was error but harmless as to DUI less safe; reversed DUI per se, vacated sentence, remanded for resentencing on remaining counts |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence review)
- Shell v. State, 315 Ga. App. 628 (impeding traffic conviction sustained where traffic backed up/required maneuvering)
- Rowe v. State, 314 Ga. App. 747 (investigatory stop authorized when officer reasonably concludes vehicle impedes traffic)
- Brown v. State, 268 Ga. 76 (inspection certificates for breath devices are non‑testimonial)
- Partridge v. State, 266 Ga. App. 305 (only one DUI conviction and sentence may stand when multiple theories charged)