Taylor v. State
326 Ga. App. 27
Ga. Ct. App.2014Background
- Douglas County DUI checkpoint on July 31, 2010; eight to ten officers in uniform conducted checks at Rose Ave and Highway 5; Taylor approached in a Ford F-250 and showed signs of intoxication and nervousness; Taylor refused the portable alco-sensor and exit from the truck, and later refused a state breath test at the police department; Taylor was forcibly removed from the truck after noncompliance and resisted handcuffing; he was arrested for obstruction and DUI, later arraigned April 20, 2011, and a subsequent untimely suppression motion was denied and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence to support DUI-less safe conviction? | Taylor argues insufficiency of evidence. | State contends evidence, including refusal to test and odor of alcohol, supports conviction. | Yes; evidence combined with refusal and odor suffices. |
| Was there sufficient evidence to support obstruction conviction? | Taylor contends the actions do not prove obstruction. | State shows Taylor refused to exit, struggled, and resisted handcuffing. | Yes; conduct supported obstruction conviction. |
| Did the trial court err by not considering an untimely suppression motion? | Taylor sought suppression; argued trial court should consider despite lateness. | Untimely motion properly denied absent extension. | No error; untimely motion not considered absent extension. |
| Did the prosecutor's comment warrant a mistrial? | Comment amounted to prejudicial error requiring mistrial. | Courts may deny if admonished and context shows non-prejudicial impact. | No abuse of discretion; admonishment and context favored denial. |
Key Cases Cited
- Jaffray v. State, 306 Ga. App. 469 (2010) (driving under the influence less safe requires three elements; refusal admissible evidence)
- Harris v. State, 307 Ga. App. 847 (2011) (breath-test refusal admissible as circumstantial evidence of intoxication)
- Long v. State, 271 Ga. App. 565 (2004) (refusal to take state-administered test admissible evidence of intoxication)
- Golden v. State, 276 Ga. App. 538 (2005) (refusal to exit vehicle and related conduct can support obstruction conviction)
- Frasier v. State, 295 Ga. App. 596 (2009) (obstruction includes arguing or refusing cooperation during investigation)