Georgia Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Georgia or Court of Appeals of Georgia where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14
CASTILLO v. STATE - 4/14/1998
Enrique C. Castillo was convicted of driving under the influence of alcohol, driving without proof of insurance, and possessing an open container of alcohol while driving. He appeals from the judgment of conviction entered on the DUI...
STATE v. JOHNSON - 4/13/1998
We granted certiorari in this case to consider the construction the Court of Appeals gave to OCGA § 16-10-20 in State v. Johnson, 226 Ga. App. 836 (487 S.E.2d 677) (1997). For the following reasons we reverse that court.
Carolene...
Herndon v. State - 4/9/1998
Billy Joe Herndon was charged with rape, kidnapping, aggravated sodomy, aggravated assault, armed robbery, theft by taking, possession of a knife during the commission of a crime, driving under the influence, driving with a suspended...
STATE v. DIBLE - 4/3/1998
Richard Dible was charged with two counts of driving under the influence (less safe to drive and driving with an unlawful alcohol concentration) and failure to maintain lane. In its sole enumeration, the State appeals the trial court's...
HANSEN v. ETHERIDGE - 4/3/1998
The trial court granted summary judgment to defendants in this wrongful death case. "`On appeal from the grant of a motion for summary judgment, we review the record de novo to determine if the moving party has demonstrated there is no...
TAM v. STATE - 4/2/1998
This is the second appearance of this case in this court. In Tam v. State, 225 Ga. App. 101 (483 S.E.2d 142) (1997) (Tam I), we found that the evidence supporting Kitman Tam's conviction for the offenses of DUI and following too...
GRANT v. STATE - 4/1/1998
A jury convicted Lonnie Grant of the offenses of misdemeanor possession of marijuana and driving under the influence of alcohol. During the trial, Grant readily admitted having the marijuana on his person but denied driving the car....
SISSON v. STATE - 4/1/1998
Defendant was tried before a jury and found guilty of driving under the influence of alcohol ("DUI") in violation of OCGA § 40-6-391 (a) (1) (less safe driver) and no proof of insurance. The evidence at trial revealed that on the night...
DRAKE v. STATE - 3/31/1998
The defendant, Ricky Earl Drake, was tried as a recidivist and convicted by a Crisp County jury for the offenses of arson, possession of a firearm by a convicted felon, aggravated assault, fleeing and attempting to elude a police...
ELLSWORTH v. STATE - 3/31/1998
Richard E. Ellsworth appeals the trial court's denial of his motion to set aside judgment and motion for writ of error coram nobis. By those motions, Ellsworth contended that the trial court originally erred in denying his motion to...
IN THE INTEREST OF A. W. - 3/31/1998
On November 16, 1995, A. W., a baby, was adjudicated as deprived and committed to the custody of the Whitfield county Department of family and Children Services ("DFACS").
This is an appeal by the mother and father of the...
LUNBERRY v. STATE - 3/30/1998
Darren Gene Lunberry appeals his conviction for possession of marijuana and driving under the influence of marijuana, based, in part, on the trial court's failure to give a limiting instruction upon the admission of similar transaction...
HEIMLICH v. STATE - 3/26/1998
The defendant, William Scott Heimlich, filed a motion to suppress evidence gathered at what he contends was an illegal roadblock by the Georgia State Patrol. After hearing evidence, the trial court entered an order denying the motion....
MULLINAX v. STATE - 3/24/1998
Michael Jason Mullinax appeals his conviction after a bench trial of DUI. Mullinax contends that the trial court erred in denying his motion for plea in abatement and that the State failed to lay the proper foundation for the admission...
CUNNINGHAM v. STATE - 3/20/1998
Cunningham appeals his conviction of driving under the influence. OCGA § 40-6-391 (a) (1).
1. He enumerates as error the denial of his motion to suppress all evidence and statements seized as a result of an allegedly illegal stop...
PRICE v. STATE - 3/19/1998
In a bench trial, Stacy Haygood Price was convicted of driving under the influence, driving with an unlawful alcohol concentration, and having no valid driver's license. On appeal, Price contends that O.C.G.A. § 40-6-392 (e) violates...
WALLER v. STATE - 3/18/1998
Fred Waller, convicted of driving under the influence of alcohol (OCGA § 40-6-391), enumerates as error the denial of his motion for directed verdict for want of proof of venue beyond a reasonable doubt. The offense occurred on June 2,...
Chastain v. State - 3/16/1998
Anthony Wynn Chastain was convicted by a jury of driving under the influence of alcohol to the extent it was less safe for him to drive, OCGA Section 40-6-391 (a) (1), violating the open container law, OCGA § 40-6-253 (b), and failing...
State v. Goble. - 3/16/1998
Following a mistrial on rape-related charges and acquittal on other charges arising out of the same incident, appellee Steven Lee Goble was re-indicted. The State added three sodomy-related counts to the re-indictment of the rape...
STATE v. GOBLE - 3/16/1998
Following a mistrial on rape-related charges and acquittal on other charges arising out of the same incident, appellee Steven Lee Goble was re-indicted. The State added three sodomy-related counts to the re-indictment of the rape...
LAFONTAINE v. STATE - 3/16/1998
Stephen LaFontaine was convicted of violating OCGA § 40-6-391 (a) (5), the per se offense of operating a moving vehicle while having an unlawful blood alcohol level. On appeal, LaFontaine claims the roadblock which led to his arrest...
JOHNSON v. STATE - 3/13/1998
Defendant was tried before a jury and found guilty of driving under the influence of alcohol and failure to maintain lane. The evidence adduced at trial revealed that Officer Eric Wiernik of the City of Lawrenceville Police Department...
Chisholm v. State - 3/13/1998
A jury found Theopholus Chisholm guilty of robbery, aggravated assault, felony obstruction of a law enforcement officer, attempting to elude a law enforcement officer and driving under the influence of drugs. He appeals from the...
BALLENGER PAVING CO. v. GAINES - 3/12/1998
While observing the use of his employer's saw blades at a road construction site, Timothy Gaines was struck by an automobile that invaded the site. Gaines sued the general contractor, Ballenger Paving Company, for inadequate traffic...
BARBER v. STATE - 3/12/1998
Johnny Layton Barber appeals the trial court's denial of his motion for new trial. Barber asserts several enumerations of error.
On July 1, 1994, Barber was cited for DUI in violation of OCGA § 40-6-391 (a) (4). On September 28,...
MILLAN v. STATE - 3/11/1998
Dana M. Millan was issued four Uniform Traffic Citations (UTCs) for driving under the influence, speeding, improper lane usage, and following too closely. She moved for discharge and acquittal on the charges claiming the state failed...
ANDERSON v. STATE - 3/11/1998
Burnie Anderson appeals her conviction for disorderly conduct by uttering fighting words in violation of OCGA § 16-11-39 (a) (3). After her son was arrested for DUI, Mrs. Anderson went to the jail to post bond. She asked the deputies...
POWER v. STATE - 3/11/1998
On November 12, 1995, at approximately 2:00 a. m. in Walton County, State Patrol Officer Clifford Miller observed on Highway 138 near H. D. Atha Road a vehicle parked with its lights on and a man standing beside the vehicle urinating....
STATE v. BOWEN - 3/11/1998
Sylvia Gayle Bowen was arrested for driving under the influence (OCGA § 40-6-391) and weaving in traffic (OCGA § 40-6-48). Bowen moved to suppress the evidence stemming from the arrest, asserting that the arresting officer did not have...
DANIEL v. STATE - 3/11/1998
Mary Louise Daniel appeals a DeKalb County jury's verdict finding her guilty of DUI — "less safe driver." In her sole enumeration of error, appellant contends that the trial court erred "when it admitted evidence of the...
JOINER v. STATE - 3/10/1998
Brenda Joiner was convicted following a bench trial in Troup County of DUI and driving with a suspended license. Joiner appeals, raising for the first time on appeal her sole contention that the State failed to prove venue beyond a...
LOWE v. JONES COUNTY - 3/9/1998
Lillie Lowe, individually and as administratrix of the estate of her son, Leon Lowe, appeals from the grant of summary judgment to Jones County and Sheriff Reece in her wrongful death and 42 U.S.C. § 1983 action.
1. In reviewing...
REEVES v. STATE - 3/9/1998
T. Reeves appeals his conviction for alternative counts of driving under the influence in Dawson County, Georgia. He was sentenced to a prison term, a fine, and various fees and charges.
Reeves contends he was deprived of...
MCNELLEY v. STATE - 3/9/1998
Appellant McNelly was arrested in Clayton County for driving under the influence, and was informed of the implied consent laws associated with DUI arrests. McNelly then consented to a breath sobriety test, which was administered twice...
CANTWELL v. STATE - 3/5/1998
James William Cantwell appeals his conviction entered after a jury found him guilty of driving under the influence to the extent that it was less safe to drive and red light violation. We affirm.
The evidence at trial showed that...
BANKS v. STATE - 3/3/1998
David D. Banks appeals from his convictions of DUI (less safe to drive) and burglary.
1. The first two enumerations deal with sufficiency of the evidence and are considered together.
"`On appeal the evidence must be viewed...
SCOTT v. STATE - 3/2/1998
Appellants Arthur Scott and Elliot Roger Caudell were arrested in separate incidents in Stephens County, and each was tested for blood alcohol content ("BAC"). Appellant Scott's BAC registered .215, and appellant Caudell's BAC was...
HELMECI v. STATE - 3/2/1998
On May 2, 1995, a loaded dump truck driven by Dean Scott Helmeci collided with a passenger car on a Cherokee County road, killing the car's driver. Criminal charges stemming from the incident resulted in Helmeci's convictions for...
WEBSTER v. BOYETT - 3/2/1998
We granted the writ of certiorari to determine whether evidence of a defendant's similar acts or omissions is relevant in determining liability for punitive damages and, if so, the proper procedure to be followed in handling the...
BOHANNON v. STATE - 2/27/1998
A Tift County jury convicted appellant Mary Francis Bohannon of felony involuntary manslaughter, with reckless conduct as the unlawful act in support thereof, for causing the death of her two month old baby. The facts are as follows: ...
MCGRAW v. STATE - 2/27/1998
Laura S. McGraw filed a motion for discharge and acquittal of the DUI charges against her. The trial court denied the motion. This direct appeal followed, and we affirm.
McGraw was stopped for speeding (82 mph) on Highway 78 by...
Glover v. State - 2/26/1998
In this appeal, defendant Rodney Glover challenges his convictions for homicide by vehicle, fleeing or attempting to elude a police officer, reckless driving, driving under the influence of marijuana and alcohol, and driving with a...
MILLIKEN v. STATE - 2/26/1998
Appellant Leonard Scott Milliken appeals his conviction of aggravated assault, kidnapping, and DUI. Held:
1. Appellant's contention that there is insufficient evidence to sustain his conviction of kidnapping and aggravated...
Pitts v. State - 2/25/1998
Roger Dale Pitts was arrested and charged with driving under the influence (OCGA Section 40-6-391), failure to dim headlights (OCGA § 40-8-31), violation of the open container statute (OCGA Section 40-6-253), and speeding (OCGA Section...
STATE v. BURTON - 2/24/1998
Defendant Deborah Burton was stopped on November 16, 1995 after she was observed weaving. After being informed of her implied consent rights pursuant to OCGA § 40-5-67.1 (b), defendant consented to having her blood and urine tested for...
TAYLOR v. STATE - 2/24/1998
Taylor and Pritchett were charged with possession of cocaine with intent to distribute. They were tried jointly and convicted of possession of cocaine. OCGA § 16-13-30. Taylor was given a sentence of 25 years imprisonment without...
Southeastern Security Insurance Co. v. Empire Banking Company. - 2/24/1998
Empire Banking Company, the lienholder listed on a policy of insurance issued by Southeastern Security Insurance Company covering a Toyota truck owned by Valerie Stalvey, brought suit against Southeastern to recover under the policy's...
BOHANNON v. STATE - 2/23/1998
We granted the application for interlocutory appeal filed by the appellant, Ryan Bohannon, to consider his due process challenges to OCGA § 40-6-391 (a) (5), which provides that it is a crime to have a blood-alcohol concentration of...
Padgett v. State - 2/19/1998
NOTICE: MOTIONS FOR RECONSIDERATION MUST BE RECEIVED IN OUR CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF DECISION to be deemed timely filed. (Court of Appeals Rules 4 and 37, January 1, 1995)
During a bench trial, defendant John...
WILBURN v. STATE - 2/17/1998
A jury found Freddie Lee Wilburn guilty of selling cocaine in violation of the Georgia Controlled Substances Act. Wilburn appeals, contending that the trial court erred in denying his motion to suppress evidence and seating jurors he...
STATE v. FISCHER - 2/16/1998
The State appeals from the trial court's grant of Cheryl Fischer's motion to suppress evidence, which was improperly designated as a motion in limine, in this DUI case. We affirm.
During the hearing on Fischer's motion, the only...
WARD v. STATE - 2/13/1998
Defendant filed this appeal after the trial court denied his plea in bar seeking dismissal of uniform traffic citations charging him with driving under the influence of alcohol, speeding, weaving in a roadway laned for traffic and...
HONIKER v. STATE - 2/13/1998
On July 26, 1996 Christian Honiker was arrested and issued three citations. Two were uniform traffic citations charging him with driving under the influence and defective equipment. These citations scheduled an appearance in the...
BAYER v. STATE - 2/9/1998
A jury found Brian Bayer guilty of driving under the influence of alcohol to the extent it was less safe to drive, speeding, and driving with an open container of alcohol. Bayer appeals. We affirm.
Viewed in the light most...
BRAHM v. STATE - 2/2/1998
Jeffery Brahm was charged by accusation with two counts of D.U.I., OCGA § 40-6-391 (a) (1) (less safe driver) and (5) (alcohol concentration of 0.10 grams or more), and with improper lane change, OCGA § 40-6-48 (1). A jury acquitted...
EVANS v. STATE - 2/2/1998
Michael R. Evans filed a notice of appeal on July 3, 1997, from his convictions and sentences for following too closely and DUI, OCGA § 40-6-391 (a) (1) (less safe to drive), entered on May 28, 1996.
1. We first address the...
STATE v. BURKE - 1/30/1998
The State appeals from the trial court's grant of the motion to suppress/in limine filed by Daniel Vincent Burke in this case. Burke was charged with driving under the influence; driving with an unlawful drug present in his blood;...
MESERVEY v. STATE - 1/29/1998
Rene Meservey was accused of driving under the influence of alcohol (OCGA § 40-6-391) and failing to maintain his lane (OCGA § 40-6-48). He moved for discharge and acquittal for failure to give him a speedy trial under OCGA § 17-7-170,...
WALKER v. STATE - 1/28/1998
John David Walker was convicted of driving under the influence (less safe to drive) ("DUI"), driving without insurance, and an equipment
violation. In his sole enumeration, he challenges the sufficiency of the evidence on the...
SCOTT v. STATE - 1/26/1998
Danny Albert Scott was indicted for first degree (felony) vehicular homicide based on DUI (OCGA § 40-6-393 (a)) and for felony hit-and-run (OCGA § 40-6-270 (a) and (b)). The jury convicted him of hit-and-run but acquitted him of felony...
COOKE v. STATE - 1/23/1998
James Randolph Cooke appeals from an order denying his motion for discharge and acquittal and plea in bar based on double jeopardy grounds.
Appellant was brought to trial for two counts of DUI; a jury was impaneled and sworn. A...
JACKSON v. STATE - 1/22/1998
Anthony Leroy Jackson appeals his convictions for possession of cocaine with intent to distribute and possession of a firearm by a convicted felon, contending that both his counsel and the trial court committed numerous errors. For the...
STATE v. GILSTRAP - 1/21/1998
Guy Gilstrap was arrested and cited for several traffic offenses.
He posted bond and was released from custody three days later. The District Attorney prepared and filed an accusation charging Gilstrap with driving after...
PIAST v. STATE - 1/16/1998
Wojciech G. Piast appeals his conviction for driving under the influence of alcohol in violation of OCGA § 40-6-391. He contends the trial court erred by granting the prosecution's motion in limine to exclude argument or comment of the...
KOLLMAN v. STATE - 1/15/1998
A jury found Bernice Kollman guilty of driving under the influence of alcohol to the extent that it is less safe to drive (OCGA § 40-6-391 (a) (1)). Kollman appeals, asserting that the trial court erred by admitting Intoxilyzer 5000...
BROWN v. STATE - 1/15/1998
Jeffrey Brown appeals from a conviction of theft by receiving stolen property involving a 1984 Nissan 300ZX. OCGA § 16-8-7. He was sentenced to ten years confinement. In the same trial, Brown was acquitted of the same offense involving...
REYNOLDS v. STATE - 1/14/1998
John C. Reynolds was convicted of driving under the influence of alcohol, driving with unlawful alcohol concentration, and failure to maintain lane.
After observing Reynolds' truck drifting outside his lane on an interstate...
STATE v. WARMACK - 1/14/1998
After Officer John Helton stopped Walter C. Warmack for making an illegal right turn, he suspected that Warmack had been driving under the influence. Helton obtained a positive reading on the alcosensor and Warmack failed several field...
ROBERSON v. STATE - 1/14/1998
After a non-jury trial, a Whitfield County Superior Court judge found James E. Roberson guilty of driving under the influence. Roberson appealed, asserting as error the denial of his motion to suppress evidence obtained from his...
STATE v. BARFIELD - 1/9/1998
On February 2, 1997, Cody Duane Barfield, a minor, was arrested for driving under the influence of alcohol and charged with violating OCGA §§ 40-6-391 (a)(1) and (a)(5). Barfield moved to suppress the results of his breath test,...
GARRETT v. STATE - 1/7/1998
Katina Garrett appeals her convictions of no proof of insurance, driving under the influence of alcohol, failure to yield the right-of-way, and violation of child restraint. Garrett contends that the State failed to prove venue and...
MCCULLOUGH v. STATE - 1/7/1998
The District Attorney for Whitfield County, Georgia, preferred an accusation charging defendant with driving under the influence of alcohol to the extent it was less safe for him to drive, failure to stop at a stop sign, violating the...
HILL v. STATE - 1/6/1998
Robert Wade Hill was charged by accusation with one count of driving under the influence of alcohol and one count of improper lane change. He was convicted by a jury on both counts. He appeals, asserting as his sole enumeration of...
MORGAN v. STATE - 12/16/1997
Bartow Morgan was arrested for, inter alia, driving under the influence of alcohol. A subsequent breath test indicated Morgan had an alcohol concentration of greater than .10 grams. The State charged Morgan with criminal violations...
CALDWELL v. STATE - 12/5/1997
Anna L. Caldwell was convicted of driving under the influence for having in her blood an alcohol concentration of .10 grams or more within three hours after driving on October 23, 1995. OCGA § 40-6-391 (a) (4), redesignated OCGA §...
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14
|
|