 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Bass v. State6/10/1999
In the Court of Appeals of Georgia
Carson Jackson Bass, Jr. appeals from denial of his motion for new trial after conviction of driving under the influence to the extent he was less safe to drive, contending that venue was not proven and that admission of the results of his alcosensor and Intoxilyzer 5000 tests was error. For the reasons which follow, we affirm.
1. Viewed with all inferences in favor of the jury's verdict, the evidence was that, on Sunday, August 31, 1997, Labor Day weekend, uniformed Officer Wright of Leslie, Georgia was patrolling within the city limits in a marked patrol car. As he reached the city limits and was preparing to make his normal turnaround, he noticed a Ford pickup being driven by Bass on Highway 280 at 70 mph, in excess of the speed limit. Because the speeding occurred outside his jurisdiction, Wright made his usual turnaround and started back into Leslie, following the truck which slowed down as it entered the city limits. Wright continued behind the truck as it turned left onto Seabord and then left onto Bailey Avenue. Wright noticed no traffic violations to this point. As the truck turned right onto Allen Street, a two-lane road which is also Highway 118, however, it swung wide and into the oncoming traffic lane where it remained for 150 to 200 yards. At this point, Wright activated his blue lights and pulled Bass over for the improper turn at approximately 8:45 p.m.
Bass produced his license and followed Wright to the rear of his truck where Wright noticed that Bass was "more nervous than what I thought would be appropriate." Bass was talking very fast and his eyes were quite red. As the two talked, Wright noticed the odor of alcohol on Bass' breath.
At this point, Wright decided to administer an alcosensor test. Prior to doing so, he read the implied consent notice required by OCGA § 40-5-67.1 (b) (2). The alcosensor was positive for alcohol. After waiting ten minutes, with Bass seated in his patrol car, Wright administered the test a second time to be sure it was not mouth alcohol that was registering. Bass was then transported the 10 to 15 minutes it took to get to Americus and the Sumter County Sheriff's Office. There, Sumter County Deputy Bryant conducted the Intoxilyzer 5000 test on Bass' breath, resulting in sequential readings of .127 and .130 at 9:29 and 9:32 p.m., respectively.
After being told of the test results, Bass did not immediately request an independent test. Approximately 15 to 20 minutes later, however, while being booked, Bass indicated that he wanted one. Officer Wright then called Sumter Regional Hospital to inquire and informed Bass that a blood test was $120 and a urine test was $80.
Bass said he wanted a urine test, but did not have $80. A phone was available to prisoners at the sheriff's department and they were not limited as to the number of calls which they could make. Although Bass did make phone calls, he never told Wright that he had an ATM card or that someone could meet him at the hospital with the money and made no further mention of an independent test.
Bass was then transported back to Leslie by Officer Wright. Someone met Bass at the Leslie Police Department and posted his bond.
Bass, a landscaper in Americus, testified that he had worked outside all day clearing land that Sunday and that might have accounted for his red eyes. He then attended a dinner party by the river. While there, he drank two vodka and orange juices, each containing about four ounces of vodka. He ate a full meal and left the party around 8:30 p.m. and opined that he "shouldn't have been drunk."
In rebuttal, the State presented GBI analyst Harge
Page 1 2 3 Georgia DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|