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Mullady v. State11/15/2004
Stephen Douglas Mullady was charged with driving under the influence of alcohol ("DUI") to the extent that he was a less safe driver and two counts of speeding. The jury acquitted him of the two speeding counts and convicted him of DUI. He was sentenced to twenty-four hours in jail and twelve months probation. After the trial court denied his motion for a new trial, Mullady filed the present appeal. The state did not file a brief in this case. We affirm the conviction.
On appeal from a criminal conviction, the evidence is viewed in the light most favorable to the verdict. Paul v. State, 231 Ga.App. 528, 499 S.E.2d 914 (1998). "We do not weigh the evidence or determine witness credibility but only determine whether the evidence is sufficient under Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). The verdict must be upheld if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." (Citation omitted.) Green v. State, 249 Ga.App. 546, 548-549(1), 547 S.E.2d 569 (2001).
So viewed, the record shows that at approximately 1:35 a.m. on April 12, 2003, Officer M.D. Rowe of the DeKalb County Department of Public Safety DUI Task Force was in his vehicle at the intersection of Buford Highway and West Druid Hills Road in DeKalb County when he observed Mullady's vehicle traveling southbound on Buford Highway at a high rate of speed. Officer Rowe visually estimated Mullady's speed to be between 75 and 80 miles per hour in a 45-mile-per-hour zone. The officer testified that the speeding vehicle was no more than 30 feet away when it passed him, that there was very little traffic, and that the street was well-lit. He identified Mullady as the driver of the car he observed speeding and described the vehicle as a silver Pontiac.
Officer Rowe immediately began pursuing the speeding car. He testified that he lost sight of it for "no more than five seconds," before pulling behind the vehicle, which was stopped at the intersection of Buford Highway and Cheshire Bridge Road. Officer Rowe activated his blue lights, and Mullady turned left onto Cheshire Bridge Road and then pulled over. Officer Rowe testified that he believed the location of the traffic stop was in Fulton County.
Officer Rowe testified that when he approached the vehicle, he detected a strong odor of alcohol, that Mullady told the officer he had consumed two beers, and that Mullady "fumbl[ed]" through his wallet for a full minute while searching for his license and proof of insurance. Officer Rowe further testified that Mullady's eyes appeared "bloodshot and glazed," that his speech was "mumbled," and that he was unsteady on his feet. Mullady told Officer Rowe that he was on his way to a bar.
Officer Rowe testified that he administered the horizontal gaze nystagmus ("HGN") field sobriety test and that Mullady exhibited four of the six clues indicating impairment. Next, Officer Rowe conducted the "walk and turn" evaluation. Mullady's performance on that test indicated impairment as well. Officer Rowe attempted to administer the "one leg stand" evaluation; however, Mullady refused to participate. Officer Rowe asked Mullady to recite the alphabet from "D" through "X," but he was unable to do so. Mullady did not blow hard enough into the portable alcosensor to provide an adequate breath sample. Officer Rowe testified that, based on his experience, training, and observations that night, he concluded that Mullady was impaired to the extent that he was a less safe driver and placed him under arrest. Officer Rowe then read the Georgia Implied Consent Notice to Mullady, who refused to submit to a breath test. The officer gave Mullady another opportunity to consent to a breath test at the DeKalb County Jail, but again Mul
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