State v. Culler
351 Ga. App. 19
Ga. Ct. App.2019Background
- Around 2:30 a.m., Trooper Burns stopped Antonio Culler for driving a Nissan Murano without headlights; Culler parked safely and was cooperative.
- Burns smelled alcohol, observed bloodshot/watery eyes (testimony), and heard slurred speech (testimony); Culler admitted drinking 2–3 mixed drinks about 40 minutes earlier.
- Burns administered three standardized field sobriety tests (HGN, walk‑and‑turn, one‑leg stand); video captured HGN and one‑leg stand but not the walk‑and‑turn audio/visual portion.
- Burns testified Culler had 6/6 HGN clues, 1/8 walk‑and‑turn clues, and 0 clues on the one‑leg stand; an Alco‑Sensor showed alcohol on Culler's breath and Burns arrested him for DUI.
- The trial court reviewed the stop video, discredited parts of Burns’s testimony (slurred speech, headlights issue), found the HGN was not performed within guidelines, and concluded the totality of admissible evidence did not establish probable cause to arrest for DUI less safe; it granted suppression of the breath test evidence.
- The State appealed; the appellate court vacated and remanded for further factual findings regarding HGN administration and the effect of any HGN infirmity on the test’s reliability and on probable cause.
Issues
| Issue | State's Argument | Culler's Argument | Held |
|---|---|---|---|
| Whether trial court erred by failing to consider the totality of circumstances when finding no probable cause to arrest for DUI less safe | Trial court improperly parsed facts in isolation and discounted relevant indicators (odor, admission, bloodshot eyes, HGN, Alco‑Sensor) instead of the totality | Trial court properly weighed credibility and reliability and permissibly gave no weight to certain observations and HGN results | Trial court did consider totality; appellate court upheld that credibility/weighting is for trier of fact and did not reverse on totality ground |
| Whether the trial court erred by giving no weight to HGN results | State: even if one HGN component is flawed, remaining positive clues could still support impairment | Culler: trial court permissibly rejected HGN as unreliable given flawed administration and demeanor on video | Appellate court vacated and remanded because the record lacks testimony/factual findings to resolve whether HGN was properly performed or whether a flaw rendered the whole test unreliable |
| Whether Burns performed the HGN "smooth pursuit" within applicable guidelines and whether a faster pace can induce nystagmus | State: guidelines require ~2 seconds per pass but record lacks testimony proving Burns violated them; even if one component flawed, other clues valid | Culler: trial court could infer improper technique from video and therefore distrust results | Appellate court: no testimony in record to resolve timing or inducement; remand required for factual findings on proper technique and possible false positives |
| Whether probable cause existed to arrest Culler for DUI less safe based on accepted facts | State: cumulative evidence (odor, admission, bloodshot eyes, HGN positives, Alco‑Sensor, walk‑and‑turn) supported a reasonable belief of impairment | Culler: admitted drinking and presence of alcohol alone do not establish impairment; video showed safe driving, clear speech, steady gait, and successful one‑leg stand | Appellate court: given trial court’s credibility findings and excluding HGN as unreliable on current record, probable cause was properly found lacking; but remand ordered if trial court later finds some HGN results reliable, which could change probable cause analysis |
Key Cases Cited
- Caffee v. State, 303 Ga. 557 (on review of suppression court factual findings and use of undisputed video evidence)
- Hughes v. State, 296 Ga. 744 (totality of circumstances and deference to trial court credibility/weighting)
- Bostic v. State, 332 Ga. App. 604 (presence of alcohol and admission insufficient alone for DUI less safe probable cause)
- Walsh v. State, 303 Ga. 276 (State must prove HGN was substantially performed in an acceptable manner for results to be reliable)
- Williams v. State, 301 Ga. 60 (vacatur and remand appropriate where trial court’s specific factual findings underlying legal conclusions need clarification)