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Page v. State7/30/2001
Following a bench trial, Robin Benjamin Page was convicted in the State Court of DeKalb County of driving under the influence of alcohol to the extent that it was less safe for him to drive, OCGA § 40-6-391 (a) (1); failure to maintain lane, OCGA §§ 40-6-1, 40-6-48; driving an unsafe vehicle, OCGA § 40-8-7; and a headlight violation, OCGA § 40-8-20. On appeal, Page contends his conviction must be reversed because the State failed to prove venue beyond a reasonable doubt.
Because the evidence regarding Page's arrest was undisputed, the trial court's application of the law to these facts is subject to de novo appellate review. Vansant v. State, 264 Ga. 319, 320 (1) (443 SE2d 474) (1994). The undisputed facts are as follows: after dark on April 27, 2000, a concerned citizen saw a damaged car stopped in a debris filled area on a ramp connecting Interstate 285 and Interstate 85. The driver then saw another damaged car, billowing steam, leaving the area and called 911 to report a possible hit-and-run and DUI. A DeKalb County police officer responded to the call and fell in behind the suspected hit-and-run driver while they were still in DeKalb County. The officer observed that the hood of the car was pushed back toward the windshield, obscuring the view ahead, and that the headlights were not operating. The officer saw the driver weave from lane to lane. Concerned that the driver would flee, the officer called for back up and continued to follow as they crossed into Fulton County and the car stopped at the end of the Lindbergh Avenue exit ramp. The officer pulled in behind the car and activated his blue lights. The officer found Page at the wheel and arrested him for DUI after administering several field sobriety tests. The officer read Page the implied consent notice ; Page refused to submit to a chemical test.
Page contends the State failed to prove venue because the officer arrested Page outside his jurisdiction without first attempting to arrest him within DeKalb County.
Our Georgia Constitution requires that venue in all criminal cases must be laid in the county in which the crime was allegedly committed. Venue is a jurisdictional fact, and is an essential element in proving that one is guilty of the crime charged. Like every other material allegation in the indictment, venue must be proved by the prosecution beyond a reasonable doubt. Proof of venue is a part of the State's case, and the State's failure to prove venue beyond a reasonable doubt renders the verdict contrary to law, without a sufficient evidentiary basis, and warrants reversal. (Footnotes and punctuation omitted.) Jones v. State, 272 Ga. 900, 901-02 (2) (537 SE2d 80) (2000). See Ga. Const. of 1983, Art. 6, sec. 2, para. 6 ("all criminal cases shall be tried in the county where the crime was committed"); OCGA § 17-2-2 (a) (same).
In this case, the arresting officer saw Page commit several moving violations while driving in DeKalb County. After he stopped Page, the officer determined that Page was intoxicated. The evidence of Page's intoxication, although gathered on Fulton County soil, was sufficient to support the inference that Page had been intoxicated moments earlier while he was observed driving in DeKalb County. McLarty v. State, 176 Ga. App. 433, 435-36 (3) (336 SE2d 273) (1985). The State carried its burden of proving DeKalb County venue beyond a reasonable doubt. Horton v. State, 206 Ga. App. 242, 243 (3) (424 SE2d 882) (1992).
While challenging only venue, Page also raised the issue of the whether his arrest in Fulton County by a DeKalb County officer was authorized. "Ordinarily, as a matter of legal policy, a peace officer has power of arrest only in the territory of the governm
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