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Overton v. State11/1/2004
Terry Overton appeals his convictions, after a jury trial, for driving under the influence of alcohol to the extent he was a less safe driver (OCGA § 40-6-391(a)(1)) and driving under the influence in that he drove while his alcohol concentration was .08 grams or more (OCGA § 40-6-391(a)(5)). He contends the trial court erred by denying his motion to exclude evidence derived from a roadblock because the prosecution failed to prove that the roadblock was well identified, that all cars were stopped, and that the delay to motorists was minimal. Overton also contends the trial court erred by denying his motion for a directed verdict and by allowing the prosecution to reopen its case to present additional evidence, and that his convictions should be reversed because the evidence was insufficient. We disagree and affirm.
The principles applicable to appellate review of a criminal conviction are stated in Taylor v. State, 226 Ga.App. 254, 255, 485 S.E.2d 830 (1997). Viewed in the light most favorable to the verdict, the evidence shows that Overton was stopped at a roadblock operated by Georgia State Highway Patrol Troopers. The trooper authorizing the roadblock testified that he was the post commander of the local Highway Patrol Post, in charge of 16 troopers, and that he was responsible for the administrative operations of the post. His duties included determining whether roadblocks are needed. He authorized this roadblock to be conducted on May 17, 2003, from 6:00 to 8:00 p.m. at a designated location, that he selected the site because a number of violations had occurred in the area, and because it had good visibility, traffic could see the roadblock without being surprised, and the location had wide shoulders for the officers to step off the road and conduct their business.
He authorized the roadblock to look for DUI drivers, seat belt violations, defective equipment, and traffic law violations. His purpose was to assure that drivers had their licenses, had insurance, and were not impaired. The written instructions he used to authorize the roadblock were admitted in evidence. He instructed the troopers to check every vehicle that came through and to "[j]ust interview, make sure everything is in order, just to verify information, let them go, and check the next vehicle so we're not backing up." Motorist were not to be delayed unless a trooper detected a violation. If all of the troopers became busy with drivers, the roadblock was to stop until the Troopers handled their business and then resume the roadblock. All troopers are trained to detect drivers who are under the influence. He did not know, however, whether troopers at the roadblock followed his instructions about stopping every car. The Georgia Highway Patrol does not put out signs saying road check ahead or anything like that.
The trooper who encountered Overton at the roadblock testified that he had been a State Trooper for almost seven years, and that he had attended the 33- week basic mandated Georgia State Patrol Trooper School, which included a week-long class on the basic detection and characteristics of one under the influence of alcohol or drugs. During that class, he received instruction on standardized field sobriety testing, including hands-on training with intoxicated people. The trooper also took a two-day course on how to operate the Intoxilyzer 5000, and has been certified by the Georgia Bureau of Investigation (GBI) to operate the Intoxilyzer 5000.
*2 He was with two other troopers conducting the roadblock; they were all doing the same thing. When the drivers pulled up, they would check the license, check insurance, tags, brake lights, and send them on their way, unless something was detected. He was wearing his State Trooper uniform and his blue and gray St
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