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Drogan v. State4/6/2005
Adam Drogan, convicted by a jury of DUI (less safe), running a red light, and not using his headlights, appeals, challenging the sufficiency of the evidence, portions of the charge to the jury, and limitation of his cross-examination. Finding no harmful error, we affirm.
1. We consider first Drogan's fourth and fifth enumerations of error in which he contends that the evidence was insufficient because the State did not prove Drogan was driving the car or that he was incapable of driving safely.
On appeal from a criminal conviction, the evidence is viewed in a light most favorable to the verdict. We do not weigh the evidence or determine witness credibility but only determine whether the evidence is sufficient under the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 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. Stone v. State, 248 Ga. App. 190 (546 SE2d 787) (2001).
So viewed, the evidence here was that Athens-Clarke County Police Officer Anderson had been assisting another officer investigating an accident during the early morning hours of the midnight shift on July 21, 2003. The two cars involved in the accident at the intersection of Hancock and Pulaski Streets had been removed from the scene and Anderson, in uniform, was walking back to his marked patrol car. As he approached his car, Anderson noticed a car driving north on Pulaski toward him with no headlights on. Anderson stepped out into the street and flashed his flashlight at the car, but the driver did not seem to respond. Anderson then stepped into the path of the car in the inside lane and held his hand up, motioning for the car to stop. Instead, the car swerved around him into the oncoming traffic lanes and continued on. As the car went through the intersection of Pulaski and Hancock, the driver ran a red light. Anderson pursued the car with his blue lights activated and caught up just as they approached Prince Avenue. The car made a left turn onto Prince Avenue, failing to yield to an oncoming vehicle, which braked abruptly. Anderson went around this vehicle and activated his siren and followed until the car eventually stopped at Prince and Barber. Because Anderson worked at night in a residential neighborhood, it was unusual for him to activate his siren.
Anderson used the loudspeaker on his patrol car and told the driver not to move the car another inch. He then got out of his patrol car and approached the driver. At trial, when asked who the driver was, Anderson responded, "Mr. Drogan." Also, when asked if he had occasion to come into contact with the "Defendant in this case," Anderson said, "yes." As he talked to Drogan following the stop, Anderson could smell the odor of alcohol coming from inside Drogan's car. Drogan produced his driver's license and proof of insurance upon Anderson's request. When Anderson asked Drogan how much he had to drink, Drogan initially did not answer, but turned away from the officer. Anderson asked him twice more, but Drogan continued to turn away from him. Anderson asked Drogan to go to the rear of his car with him, which he did. Anderson, face to face with Drogan, could smell alcohol more strongly on Drogan and asked him again how much he had to drink. Drogan turned away, but said, "not too much."
Anderson asked Drogan to consent to take voluntary field sobriety tests, but Drogan refused. At this point, Anderson formed the opinion that Drogan was less safe to drive due to alcohol, placed him in custody, and read the Implied Consent Notice. Drogan refused to take the required State breath test.
(a) Regarding his argume
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