The State v. Smith, 329 Ga. App. 646

Smith was charged with DUI less safe and failure to maintain lane following a traffic stop triggered by observed weaving and lane deviations.
Detective Maynard detected odor of alcohol; Officer Ferguson observed bloodshot watery eyes, slurred speech, and Smith walking unsteadily.
Smith submitted to field sobriety tests (HGN, VGN, walk and turn, one leg stand); HGN/VGN videotaped and later suppressed by the trial court.
The trial court suppressed walk and turn and one leg stand based on noncompliance with NHTSA standards and unsafe conditions due to wet weather.
The State appealed, contending the walk and turn and one leg stand tests were admissible as lay observations and not subject to the same standard as scientific tests.
On review, the appellate court held the trial court erred in suppressing the walk and turn and one leg stand tests and reversed the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether walk and turn and one leg stand results were improperly suppressed	State argues suppression improper; tests are admissible as lay observations and not scientific procedures.	Smith contends suppression justified due to noncompliance with NHTSA standards and unsafe conditions.	Suppression was improper; tests admissible as lay observations.

Pastorini v. State, 222 Ga. App. 316 (1996) (walk/turn tests are not scientific; lay testimony governs)
Stewart v. State, 280 Ga. App. 366 (2006) (lay testimony admissibility; weight of evidence considerations)
Heller v. State, 234 Ga. App. 630 (1998) (standards for lay observations in field sobriety testing)
Rowell v. State, 312 Ga. App. 559 (2011) (procedural framework for admissibility versus weight)
Brown v. State, 293 Ga. 787 (2013) (evidence review standards; trial court findings reviewed for clear error)
Dennis v. State, 293 Ga. 688 (2013) (standard of review for trial court credibility and facts)