337 Ga. App. 360
Ga. Ct. App.2016Background
- At ~2:00 a.m., officer stopped Spencer for a non-working headlight and smelled alcohol; observed a paper bracelet from a bar, a plastic cup with an alcoholic drink, and slurred speech.
- Spencer first denied drinking, then admitted to drinking a margarita; she refused both a roadside and state breath test.
- Field sobriety tests, including HGN, produced four out of six clues indicating impairment.
- Spencer was convicted by a jury of DUI (less-safe driver) and possession of an open container; trial court denied a new trial.
- On appeal Spencer argued (1) the officer impermissibly testified to a specific BAC based solely on HGN results, and (2) the trial court gave a burden-shifting jury charge on reasonable doubt.
Issues
| Issue | Plaintiff's Argument (Spencer) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Admissibility of HGN testimony | Officer testified to a specific numeric BAC from HGN; such testimony is improper | Officer only gave general testimony that 4/6 HGN clues generally indicate impairment (BAC ≥ .08) | No error — officer did not give a specific BAC based solely on HGN; general HGN testimony admissible |
| Jury instruction on reasonable doubt | Pattern instruction is burden-shifting; requested different charge | Pattern instruction is the approved Georgia criminal pattern; no rare circumstances to deviate | No error — court correctly gave the approved pattern reasonable-doubt charge |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for reviewing sufficiency of evidence)
- Scott v. State, 332 Ga. App. 559 (officer may not identify a specific BAC based solely on HGN)
- Bravo v. State, 304 Ga. App. 243 (HGN is an accepted field sobriety test admissible to show impairment)
- Parker v. State, 307 Ga. App. 61 (4/6 HGN clues constitute evidence of impairment under law enforcement guidelines)
- Kirkland v. State, 253 Ga. App. 414 (admissible to testify generally that certain HGN scores correlate with BAC levels)
- Coleman v. State, 271 Ga. 800 (trial courts should use approved pattern criminal charges absent justification)