 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Savage v. State11/2/2001
Following a jury trial, Mark Savage appeals his convictions of driving under the influence of drugs to the extent it was less safe to drive and driving with a controlled substance in his blood, in violation of OCGA §§ 40-6-391 (a) (2) and (6), arguing that the trial court erred by: (1) failing to direct a verdict in his favor on both DUI counts; (2) refusing to charge the jury on the defense of accident; (3) refusing to instruct the jury that the State must prove that he had actual physical control of his vehicle beyond a reasonable doubt; (4) failing to charge the jury on the elements of DUI, thereby improperly shifting the burden of proof to Savage; (5) failing to charge the jury on Savage's theory of defense; (6) admitting evidence of Savage's prior conviction for DUI; and (7) denying Savage's pre-trial motion to suppress the evidence obtained from a search of his car and the results of a chemical test of his blood. For the following reasons, we affirm.
"On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict." Cox v. State. So viewed, the evidence shows that, at approximately 4:30 p.m. on December 21, 1999, Thomas Jones observed Savage in the parking lot of Manuel's Tavern. Jones, who was entering the tavern, noticed Savage talking with someone in a car and acting "loud and boisterous." Savage was not wearing a shirt or shoes, which seemed odd to Jones, because it was a cold and rainy December day.
At approximately 6:30 p.m., Jones left the tavern and noticed Savage attempting to break into a car in the tavern parking lot. Jones saw Savage get into the car and witnessed the car roll approximately 15 feet and strike a parked van. Jones did not see anyone else in the car and did not hear the engine running. According to Jones, Savage did not close the car door. Jones reported what he had witnessed to police officers who were in the tavern.
Officer Clark Combs of the Atlanta Police Department was called to the scene. When he arrived, at approximately 7:30 p.m., Officer Combs conferred with the other two officers in the parking lot and noticed that the car (which belonged to Savage) and the van were slightly damaged from the collision. Officer Combs spoke with Jones and then approached Savage. Savage was acting paranoid and irrational; he did not know where he was, could not respond to questions, and wanted to leave the scene. Officer Combs thought that Savage had taken drugs and called an ambulance because he was concerned for Savage's safety.
When paramedics arrived, Savage was strapped to a gurney because of his combative behavior. Savage was arrested and taken to Grady Memorial Hospital, where Officer Combs read him his Miranda and implied consent rights. Savage submitted to a blood test which came back positive for cocaine metabolites. The State's forensic scientist opined that Savage had ingested the cocaine six-to-twelve hours prior to the blood being drawn.
A search of Savage's car produced a bottle of "Blue Nitro." Testimony at trial established that Blue Nitro was an over-the-counter health and fitness product that converts into gamma-hydroxybutyric or GHB (commonly referred to as the "date rape drug") when ingested. GHB is a central nervous system depressant and a very powerful intoxicant. Savage admitted to consuming "one small cap full" of Blue Nitro soon after arriving at the tavern that evening because he "heard it would make you hungry." Savage also admitted to taking a decongestant and Nyquil that day.
1. Savage argues that the trial court erred in denying his motion for directed verdict of acquittal on both DUI counts because the State failed to offer any evidence that he d
Page 1 2 3 4 5 Georgia DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|