 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Alewine v. State5/31/2005
BLACKBURN, P. J., MILLER and BERNES, JJ.
Following a trial by jury, Appellant Ralph Wilson Alewine was convicted of driving under the influence of alcohol-less safe driver in violation of OCGA § 40-6-391 (a)(1). On appeal, Alewine challenges the sufficiency of the evidence and contends that the trial court erred in denying his motion to suppress and in refusing three requested jury instructions. We find no error and affirm.
1. When reviewing for sufficiency of the evidence, we view the evidence in the light most favorable to the verdict, and we neither assess the credibility of the witnesses nor re-weigh the evidence. Green v. State, 244 Ga. App. 565-66 (1) (536 SE2d 240) (2000). "As long as some competent evidence exists, even though contradicted, to support each fact necessary to make out the State's case, we will uphold the factfinder's verdict." (Citation and punctuation omitted.) Childress v. State, 251 Ga. App. 873, 876 (2) (554 SE2d 818) (2001).
So viewed, the jury was authorized to conclude that on May 5, 2001, at approximately 10:23 p.m., a Fulton County Police officer observed Alewine driving a black Mercedes in the center turn lane of Roswell Road when Alewine suddenly merged right into a northbound lane without using any turn signal. Without warning, Alewine then merged further right into the northbound lane in which the officer was driving and forced the officer to hit his brakes to avoid a collision. Immediately thereafter, the officer saw Alewine twice swerving over the solid line on the right side of the road and back into the northbound lane. The officer activated his emergency equipment and initiated a traffic stop on Alewine.
Alewine traveled another 800 to 1000 feet before stopping. The patrol officer approached the vehicle and spoke to Alewine. Alewine smelled strongly of alcohol, his eyes were "a little glazed looking," his speech was slurred and he responded abrasively to the officer's questions. Alewine produced a Virginia driver's license but was unable to provide any proof of insurance. When the officer asked Alewine to step to the rear of the Mercedes, Alewine refused to respond to or comply with the officer's request.
Alewine's refusal prompted the officer to call for backup. As he did so, Alewine stepped out of his Mercedes and stood approximately a foot from his vehicle door. Alewine "was very rigid, kind of swaying back and forth, side to side," and " nce or twice he had to use his hand to steady himself." The officer again asked Alewine to step to the rear of the Mercedes, and Alewine again failed to comply with the officer's request. After Alewine refused to submit to field sobriety tests, the officer placed Alewine under arrest for driving under the influence of alcohol. The officer read Alewine his implied consent warning pursuant to OCGA § 40-5-67.1 and asked Alewine whether he would submit to State-administered chemical testing. Alewine refused.
Construing the evidence in the light most favorable to the verdict, any rational trier of fact could have found appellant guilty beyond a reasonable doubt of driving while under the influence of alcohol-less safe driver. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). Alewine's erratic driving behavior and the physical manifestations discussed above provided sufficient evidence upon which the jury could convict him of the charged offense.
In this case, evidence that defendant . . . smelled of alcohol, that defendant's speech was slurred, his eyes were [glassy], and his stance was unsteady, coupled with the officer's opinion of defendant's impaired driving abilities, is sufficient under the standard of Jackson v. Virginia . .
Page 1 2 3 Georgia DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|