Following a bench trial, Billy Wayne Christian was convicted in probate court of driving under the influence and violating conditions of limited driving. He appealed to the superior court, and his convictions were affirmed. Now, on appeal to this Court, Christian contends that the probate court erred in denying his motion to suppress the State’s evidence and in admitting Georgia Crime Information Center
Viewed in the light most favorable to the guilty verdict,
Immediately upon approaching the vehicle, the officer detected the odor of an alcoholic beverage and asked Christian to exit the truck to perform field-sobriety tests. During the investigation that ensued, the officer also learned from dispatch that Christian’s license was subject to certain travel restrictions, which he violated because he was driving to a store. Thereafter, Christian exhibited clues of impairment on each field-sobriety test administered, and then returned levels of 0.137 and 0.139, respectively, on two Intoxilyzer 5000 tests. Christian was later tried and convicted of the above-referenced offenses. This appeal follows.
1. First, Christian contends that the trial court erred in denying his motion to suppress the State’s evidence when the officer lacked a reasonable and articulable suspicion to stop his vehicle. We disagree.
To begin with, in considering a trial court’s denial of a motion to suppress, this Court construes the evidence in favor of the court’s ruling, “and we review de novo the trial court’s application of the law to undisputed facts.”
Additionally, we bear in mind that stopping and detaining a driver to check his license and registration is appropriate when an
Here, the officer who stopped Christian did so after dispatch relayed that his Tennessee tag number returned as “not on file.” And after doing so, the officer investigated Christian’s registration of the vehicle and the legality of the tag because, according to the officer’s testimony, a return of “not on file” means that the tag has not been registered. Indeed, it is a misdemeanor to “operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated, unless such operation is otherwise permitted... ,”
2. Next, Christian argues that the trial court erred by permitting the State to introduce into evidence GCIC printouts without first laying the proper foundation. We agree.
Former OCGA § 24-3-17 provides that any court may
receive and use as evidence in any case information otherwise admissible from the records of the Department of Public Safety or the Department of Driver Services obtained from any terminal lawfully connected to the Georgia Crime Information Center without the need for additional certification of those records.11
Thus, we have held that, pursuant to the plain terms of the statute, the State presents a sufficient foundation for the admission of GCIC printouts when it shows that the document was “obtained from a computer terminal lawfully connected to the GCIC.”
Here, an employee of the probate court clerk’s office testified that she was not authorized to access the GCIC computer but that she had experience reading GCIC printouts and criminal histories. When presented with the State’s exhibit, which purported to be a GCIC printout on Christian, the employee testified that it was a GCIC printout “that was obtained in our office” and that two individuals employed in the clerk’s office were certified to access the GCIC computer.
Christian argued below, and argues again on appeal, that the State failed to lay a proper foundation for the admission of the GCIC printout. We agree. The State’s witness, although generally familiar with GCIC printouts and how to read criminal histories, did not personally obtain the GCIC printout at issue, was not certified to access a GCIC terminal, and had no personal knowledge as to who accessed the GCIC terminal to acquire the relevant printout. Additionally, although the probate-court employee testified that the printout was obtained from a terminal located in that courthouse, she did not provide any detail as to how she could make such a determination and, in fact, testified that because she was not certified to access GCIC reports, she could not identify unique GCIC operator numbers. Accordingly, the testimony in the case sub judice was tenuous at best and insufficient to satisfy the strict requirement of former OCGA § 24-3-17 (b) that, prior to admission, the State must establish that a GCIC printout was obtained from a computer terminal lawfully connected to the GCIC.
The testimony by the probate-court employee as to the status of Christian’s license at the time of his arrest was the only evidence the State presented that Christian was driving in violation of OCGA § 40-5-64, which makes it a crime to operate a motor vehicle in violation of the conditions of a limited driving permit.
As such, for all the foregoing reasons, we affirm Christian’s DUI conviction and reverse his conviction for violating conditions of limited driving.
Judgment affirmed in part and reversed in part.
Notes
See, e.g., Muse v. State,
Reid v. State,
Reid,
Reid,
Hernandez-Lopez v. State,
Hernandez-Lopez,
OCGA § 40-2-8 (b) (2) (A).
See OCGA § 40-2-90 (b) (3) (“To be eligible for the exemptions provided for in paragraph (1) or (2) of this subsection, a nonresident or visitor shall have fully complied with the laws relating to the registration of motor vehicles of the state or territory wherein he resides, and the registration number and initial letter of such state or territory shall be displayed and plainly visible on such motor vehicles.”).
See Jordan v. State,
See Stallings v. State,
Former OCGA § 24-3-17 (b) (2011). We note that Christian was tried in 2011, making the former Evidence Code applicable. See Ga. L. 2011, p. 99, § 101 (providing that Georgia’s new Evidence Code applies “to any motion made or hearing or trial commenced on or after” January 1, 2013). However, the relevant provision of former OCGA § 24-3-17 (b) has been recodified in the new Evidence Code at OCGA § 24-9-924 (a).
Thomas v. State,
See Fannin v. State,
See Jackson v. State,
See Tolbert v. State,
See Tipton v. State,
Given the late hour of the trial, the two individuals certified to access GCIC reports had since gone home at the time the State presented the court employee’s testimony, and the State had not subpoenaed either of the certified individuals, notwithstanding Christian’s repeated objections.
See Tolbert,
OCGA § 40-5-64 (j) (“Any permittee who operates a motor vehicle in violation of any condition specified on the permit shall be guilty of a misdemeanor.”).
See Tolbert,
