State v. Frost
297 Ga. 296
| Ga. | 2015Background
- Frost was charged with DUI less safe to drive under OCGA 40-6-391(a)(1) after refusing a state-administered breath test per OCGA 40-5-55(a).
- The State sought to admit under Rule 417(a)(1) evidence of Frost’s two prior DUI offenses in 2009 to show knowledge, plan, or absence of mistake or accident.
- Trial court admitted the prior DUIs under Rule 417(a)(1); Court of Appeals reversed, holding Rule 417(a)(1) did not prove knowledge here.
- Evidence showed Frost, at the 2012 incident, refused to perform field sobriety tests and to submit to a chemical test; three officers observed intoxication and odor of alcohol.
- The prior 2009 DUIs involved Frost also refusing state-administered tests and one instance where he was found asleep in a car with similar circumstances to the 2012 case.
- Georgia’s new Evidence Code applies; Rule 417 is an original creation and must be construed with general statutory-interpretation principles rather than borrowing from federal rules alone.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 417(a)(1) admissibility extends to prove knowledge when there is a current refusal to test | Frost | Frost | Admissible to prove knowledge |
| Scope of Rule 417(a)(1) beyond the narrow ‘peculiar situation’ described by the Court of Appeals | State | Frost | Broader than Court of Appeals suggested |
| Relation between Rule 417 and Rule 404(b) in DUI prosecutions | State | Frost | Rule 417 exclusive applicability clarified; not restricted to Jones I reasoning |
| Proper interpretation of ‘the specific situation’ Rule 417(a)(1) addresses | State | Frost | Applies whenever accused refused state test, regardless of disputed reasons |
Key Cases Cited
- Frost v. State, 328 Ga. App. 337 (Ga. App. 2014) (affirmed admissibility of prior DUIs to prove knowledge under Rule 417(a)(1))
- Parker v. State, 296 Ga. 586 (Ga. 2015) (statutory interpretation of new Evidence Code; reliance on Eleventh Circuit principles)
- Bradshaw v. State, 296 Ga. 650 (Ga. 2015) (principles for interpreting transitional evidence provisions)
- Chan v. Ellis, 296 Ga. 838 (Ga. 2015) (statutory interpretation principles; context and text-focused approach)