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.
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STATE v. FIELDING - 12/4/1997
On March 8, 1997, Kristen George Fielding was arrested for driving under the influence of alcohol in addition to other traffic violations. Fielding moved to suppress the results of the Intoxilyzer 5000 administered to him, arguing that...
THOMPSON v. STATE - 11/24/1997
King C. Thompson appeals the trial court's denial of his plea in bar based upon double jeopardy, contending that the $200 restoration fee is punitive. Pursuant to OCGA § 40-5-67, Thompson's driver's license was suspended for one year...
SNOW v. STATE - 11/24/1997
Harry Snow, Jr., appeals the trial court's denial of his motion to acquit based on the State's failure to grant him a speedy trial, as guaranteed by the Sixth Amendment of the United States Constitution and by the Constitution of the...
CARTER v. SPELLS - 11/18/1997
In this lawsuit arising from a motor vehicle collision, plaintiffs Christopher and Janet Carter appeal the grant of partial summary judgment to defendant Johnny Spells on the Carters' claim for punitive damages.
Evidence showed...
GILL v. STATE - 11/18/1997
Appellant John Darryl Gill, Sr. appeals his conviction of aggravated assault, terroristic threats and acts, possession of a firearm during the commission of a crime, aggravated stalking, suspended license, open container, and two...
GEORGE v. STATE - 11/17/1997
Christofer Andrew George appeals the trial court's denial of his motion for discharge and acquittal. George contends that before his case was tried two terms of court expired and that he was, therefore, denied his right to a speedy...
GUEST v. STATE - 11/12/1997
James David Guest appeals his convictions of one count of driving under the influence pursuant to OCGA § 40-6-391 (a) (1) and two counts of endangering a child pursuant to OCGA § 40-6-391 (l).
1. In his first enumeration of...
IN THE INTEREST OF K. A. C. - 11/6/1997
Curtis A. Crecelius appeals the trial court's termination of his parental rights to his biological children; K. A. C., age four years old, J. W. C., age two and one-half years old, and J. L. C., age two and one-half years old....
KNAPP v. STATE - 11/5/1997
Knapp was arrested April 24, 1996, and convicted of driving with an unlawful blood alcohol concentration as prohibited by OCGA § 40-6-391 (a) (4), effective April 21, 1995, thereafter redesignated subsection (a) (5). Evidentiary,...
MCNEIL v. STATE - 11/4/1997
A jury found James C. McNeil guilty of driving under the influence of alcohol and failure to maintain lane. McNeil appeals, challenging the trial court's decision to sequester his expert during the presentation of the State's case. For...
ALLEN v. STATE - 11/4/1997
On February 25, 1996, at approximately 2:00 a.m. Officer Shawn
R. Witmer, Clayton County Police Department, stopped Garth Desmond Allen, defendant-appellant, on Old National Highway for driving a 1995 Peter Built tractor...
DUCKWORTH v. STATE - 11/3/1997
Steven Ray Duckworth was convicted of driving under the
influence and other traffic-related offenses. In affirming, the Court of Appeals stated that a witness cannot be impeached by a prior inconsistent statement without laying...
WOODY v. STATE - 10/30/1997
Karen Linn Woody was accused in Clayton County State Court of driving under the influence, having no insurance, having no driver's license, red light violation, seat belt violation, and fleeing. She was also charged with obstructing an...
STATE v. FRAZIER - 10/30/1997
The state appeals an order from the Superior Court of Barrow County wherein the trial court suppressed the results of William Scott Frazier's urine test for purposes of a prosecution for possession of cocaine; the trial court found...
JINKS v. STATE - 10/23/1997
Steve Jinks was indicted with co-defendants Jeff Hunt and Mark Rodgers on charges of manufacturing marijuana (OCGA § 16-13-30 (j)) and possessing more than one ounce of marijuana (OCGA § 16-13-30 (j)). The jury acquitted Rodgers,...
MORRISSETTE v. STATE - 10/22/1997
A jury found Todd Allen Morrissette guilty of two counts of DUI, OCGA § 40-6-391 (a) (1); - (a) (4), and failure to maintain lane. OCGA § 40-6-48. Morrissette appeals from the judgment of conviction and sentence entered thereon. ...
IN THE INTEREST OF J. E. E. - 10/16/1997
Appellant minor child, J. E. E., by and through his attorney appeals the order of the Juvenile Court of Cobb County denying the petition to terminate the parental rights of his mother, Barbara Ellen Rowe, to J. E. E.
On January...
BILLUPS v. STATE - 10/14/1997
Robert Billups appeals from the denial of his plea of former jeopardy in this prosecution for aggravated assault.
On June 6, 1996 Billups fired a rifle at a house at 110 Minor St. in Clark County, Georgia, where certain persons...
WRIGHT v. STATE - 10/2/1997
This case comes before us as an appeal of the denial of a plea in bar of double jeopardy. Defendant Jill Anne Wright, a Georgia resident since December 1995, was involved in a head-on collision on Lawrenceville Highway, DeKalb County,...
VINCENT v. STATE - 10/2/1997
Defendant Vincent appeals his conviction of the offense of driving under the influence of alcohol (to the extent that it was less safe for the accused to drive). Held:
1. The first enumeration of error maintains that the trial...
STATE v. JEWELL - 10/2/1997
Defendant Jewell is charged with a violation of the Georgia Controlled Substances Act (possession of cocaine); driving while the alcohol concentration in his blood was more than .10 grams; two counts of driving under the influence;...
BARFIELD v. ROYAL INS. CO. - 10/1/1997
Plaintiffs Royal Insurance Company of America ("Royal") and its named insured, Single Source Roofing Corporation ("Single Source") brought this declaratory judgment action to determine their liability for damages arising from an...
STATE v. COOPER - 9/16/1997
This is a prosecution against Daniel Trent Cooper for driving under the influence of alcohol and drugs, possession of marijuana and failure to maintain lane. The trial court suppressed the results of urinalysis testing showing Cooper's...
FANTASIA v. STATE - 9/15/1997
Vincent Fantasia was convicted of driving under the influence with an unlawful blood alcohol level. After his arrest, Fantasia submitted to a State-administered breath test on an Intoxilyzer 5000 breath-testing machine which registered...
GUTIERREZ v. STATE - 9/9/1997
After a bench trial, Gary Gutierrez was convicted of driving under the influence of alcohol. He appeals.
1. Gutierrez contends the trial court erred in admitting Intoxilyzer 5000 test results when the state failed to show that...
ROBERSON v. STATE - 9/8/1997
On March 20, 1996, defendant Jay Roberson was stopped for speeding in Murray County while he was driving a tractor-trailer. Roberson holds a commercial motor vehicle driver's license from North Carolina. As the arresting officer was in...
WESLEY v. STATE - 9/3/1997
Leon Wesley appeals his conviction on charges that he drove a vehicle under the influence of alcohol to the extent he was less safe to drive and that he failed to maintain his lane. Although he challenges the conviction on several...
MONDY v. STATE - 9/2/1997
Shannon Blaine Mondy was convicted of possession with intent to distribute methamphetamine, possession of marijuana, driving under the influence, no proof of insurance, and failure to maintain lane. He alleges that the trial court...
DIXON v. STATE - 6/27/1997
Bobby Ray Dixon was found guilty by a jury on two counts of driving a moving vehicle while under the influence of alcohol. In count 1, he was found guilty of being under the influence to the extent it was less safe for him to drive...
DANIEL v. STATE - 6/27/1997
Mary Daniel appeals from her conviction of driving under the
influence of alcohol, contending that the trial court erred in admitting certificates of the State-administered breath test in lieu of live testimony. Specifically,...
DAWSON v. STATE - 6/24/1997
Defendant John Fitzgerald Dawson was arrested and charged with DUI, possession of less than an ounce of marijuana, and driving with a suspended license. The trial court denied his motion to
suppress physical evidence of and...
IN RE BILLY L. SPRUELL - 6/24/1997
After notice and a hearing, the trial court held attorney Billy L. Spruell in indirect criminal contempt of court. On appeal, Spruell challenges the sufficiency of the evidence of contempt, and argues that the trial court erred in...
SINGLETERRY v. STATE - 6/19/1997
Dana Singleterry was convicted of driving with an unlawful alcohol concentration. He enumerates three errors on appeal.
This case arose after Singleterry sped past a law enforcement officer running radar in the early morning...
BALES v. STATE - 6/19/1997
Following a bench trial in the State Court of Rockdale County, the court convicted Stephen Bales of driving under the influence of alcohol and speeding. Bales appeals from the denial of his request for a jury trial, and we reverse. ...
STATE v. JOHNSON - 6/16/1997
This appeal presents the issue of whether venue may be laid in Fulton County for charges of violating OCGA § 16-10-20 (false statement in a matter within the jurisdiction of a department of the State) by using false documents executed...
STEPIC v. STATE - 6/9/1997
On April 13, 1995 in the Atlanta City Court, the appellant, William Stepic, was convicted of the offenses of failure to maintain a lane under OCGA § 40-6-48, and driving while under the influence of alcohol — less safe driver...
BAILEY v. STATE - 6/9/1997
On November 8, 1996, in Sumter County, Paula Bailey, appellant,
was stopped by State Trooper Mike Gurley for doing 87 miles per hour in a 55 mile per hour area. After Trooper Gurley had filled out the citation for speeding and...
MCCLAIN v. STATE - 6/5/1997
In appealing his DUI conviction, Stanley McClain claims that the trial court should have suppressed an officer's testimony about McClain's performance on certain field sobriety tests. McClain argues that the officer lacked an...
GILPATRICK v. STATE - 6/4/1997
Appellant Marvin Keith Gilpatrick appeals his final judgment of conviction in a bench trial on the sole ground that the trial court erred in denying his post-judgment motion for correction of sentence.
Appellant was found not...
SAYERS v. STATE - 6/3/1997
Timothy Sayers appeals from his conviction for driving under the influence of alcohol. In his sole enumeration of error, Sayers argues that the trial court erred in failing to suppress evidence gathered as a result of an investigatory...
BROWN v. STATE - 6/2/1997
Jay Michael Brown was accused of driving under the influence of alcohol, driving with an unlawful blood alcohol, and other misdemeanors. He filed a motion to suppress the results of his State-administered Intoxilyzer 5000 breath test,...
EDGE v. STATE - 5/28/1997
Bradley Edge was charged in Count 1 of an accusation with driving under the influence of alcohol to the extent that it was less safe for him to drive. See OCGA § 40-6-391 (a) (1). In Count 2, he was charged with having a blood-alcohol...
KUHL v. SHEPARD - 5/13/1997
This case arose from Lee Shepard's action for personal injuries resulting from a motor vehicle accident. It is undisputed that Hayward F. Kuhl's vehicle collided with a Jeep driven by Brent Hogue in which Shepard was a passenger. At...
CAROLINA CABLE v. HATTAWAY - 5/12/1997
Tracy Hattaway ("appellee"), individually and on behalf of her children, filed this action for damages against Mark Hattaway (her ex-husband) and Carolina Cable after Mark Hattaway (Hattaway) was involved in a one-vehicle accident...
ROBSON v. STATE - 4/18/1997
Terrance Patrick Robson appeals the trial court's order reinstating his probation, claiming the tolling order was null and void after the court found the State could not prove any probation violations. We disagree and affirm the...
MILLER v. STATE - 4/9/1997
Following a bench trial, the trial court convicted Harvis Miller of aggravated assault and felony obstruction of an officer. The trial court sentenced Miller to eight years confinement for the obstruction conviction and eight years to...
COOK v. STATE - 4/7/1997
Jennifer Cook was convicted of trafficking in methamphetamine and possession of tools for the commission of a crime. On appeal, she enumerates three errors.
The evidence, viewed in the light most favorable to the verdict,...
SWEAT v. STATE - 4/4/1997
Michael Todd Sweat was found guilty by a jury of driving a vehicle under the influence of alcohol to the extent that it was less safe for him to drive, driving a vehicle with an unlawful alcohol level, and driving a vehicle without his...
WELLS v. STATE - 4/3/1997
A jury convicted defendant Charles Millard Wells 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). On appeal, defendant contends the trial court committed...
MOORE v. STATE - 4/2/1997
Dennis Moore was arrested for driving under the influence of alcohol ("DUI"), speeding and violating the open container law. He appeared at arraignment without the assistance of an attorney and tendered a plea of guilty to one count of...
DOEHLING v. STATE - 3/27/1997
Barbara Joan Doehling appeals the denial of her plea in bar filed after the trial court disqualified a panel of jurors during voir dire. We agree with the State that the trial court did not abuse its discretion in disqualifying the...
STATE v. WILLIAMS - 3/26/1997
In this DUI case, the State appeals the trial court's grant of Glenda Williams' motion to suppress. See OCGA § 5-7-1 (4). Evidence on the hearing showed that on the evening of May 20, 1996, someone called Cobb County's 911 service and...
THRASHER v. STATE - 3/25/1997
Danny K. Thrasher appeals his convictions of aggravated assault on a police officer, driving under the influence, driving with a suspended license, and fleeing and attempting to elude. On appeal, Thrasher contends the trial court erred...
TANNER v. STATE - 3/25/1997
After a bench trial, defendant was convicted of driving under the influence of alcohol to an extent that it was less safe for him to drive in violation of OCGA § 40-6-391 (a) (1). This appeal followed the denial of defendant's motion...
MORRISON v. STATE - 3/25/1997
Eugene Morrison was convicted by a jury of driving under the influence of alcohol, no proof of insurance, and leaving the scene of the accident. Morrison appeals his convictions of driving under the influence and no proof of insurance...
RENSCHEN v. STATE - 3/24/1997
Timothy Renschen was found guilty by a jury of making an improper U-turn, OCGA § 40-6-121, and DUI, OCGA § 40-6-391 (a) (1); (a) (4). He appeals from the judgment of conviction and sentence entered thereon following the denial of his...
THOMAS v. STATE - 3/20/1997
Van Kenneth Thomas appeals from his conviction, following a bench trial, of driving under the influence of alcohol to the extent he was a less safe driver, in violation of OCGA § 40-6-391 (a) (1). We affirm.
1. Thomas contends...
APPERSON v. STATE - 3/17/1997
Defendant Apperson appeals his conviction of the offenses of driving under the influence and speeding. Held:
1. Prior to trial, the State served notice of its intent to introduce similar transaction evidence at trial. After the...
STATE v. O'DONNELL - 3/17/1997
Defendant Scott O'Donnell was indicted for driving under the influence of alcohol (OCGA § 40-6-391), leaving the scene of an accident (OCGA § 40-6-270), and causing serious injury by vehicle (OCGA § 40-6-394). The trial court granted...
LIVINGSTON v. STATE - 3/17/1997
Defendant was tried before a jury on a single-count indictment charging him with "AGGRAVATED ASSAULT UPON A POLICE OFFICER," on March 4, 1994. Viewing the evidence to uphold the jury's verdict of guilty, Corporal Christopher Mark...
STATE v. TELENKO - 3/14/1997
The trial court granted appellee David Telenko's motion in autrefois convict preventing the retrial of his case. The state appeals. As the procedural chronology of the instant case is key to the resolution of the issue raised, we set...
MILES v. WELLS - 3/13/1997
Charles M. Wells' driver's license was suspended for refusing to consent to a state-administered breath test after his arrest for driving under the influence of alcohol. Following a hearing, the administrative law judge (ALJ) upheld...
SHIRE v. STATE - 3/7/1997
On January 19, 1996, appellant Matthew Orlando Shire was arrested in DeKalb County for driving under the influence and driving left of the center line. Appellant was issued two uniform traffic citations ("UTCs") at that time. Appellant...
DUGGAN v. STATE - 3/7/1997
Appellants Peter Martin Duggan and Robb T. Matheson were involved in a two-car collision that resulted in the death of the victim, a passenger in Matheson's vehicle. Duggan was indicted for homicide by vehicle in the first degree by...
BROWNLEE v. STATE - 3/7/1997
On September 20, 1995, appellant, Carol Brownlee, was involved in a collision on Akers Mill Road, during which she collided with a vehicle driven by Jon Alion as it exited from the Akers Mill shopping center in Cobb County. Appellant...
RICHARDS v. STATE - 3/6/1997
Brian Richards appeals the judgment entered on his conviction of driving under the influence. OCGA § 40-6-391 (a) (4). He complains, among other things, of the trial court's refusal to grant his motion to suppress. He argues that an...
BURRELL v. STATE - 3/6/1997
Appellant Kini Tollison Burrell appeals his March 1995 conviction for driving under the influence of alcohol ("DUI"), in violation of OCGA § 40-6-391 (a) (1), and failure to yield to an emergency vehicle, in violation of OCGA §...
CORBIN v. STATE - 3/6/1997
A jury convicted Jeffrey Hugh Corbin of being an habitual violator, driving under the influence of alcohol, and driving without proof of insurance. On appeal, he contends the court erred in admitting a Department of Public Safety...
MELVIN v. STATE - 3/5/1997
Kenneth Melvin appeals his convictions for hit and run and driving under the influence of alcohol. As to both charges, he claims that he was entitled to a directed verdict and that the evidence was insufficient to support a guilty...
BAZEMORE v. STATE - 3/4/1997
Douglas A. Bazemore was charged with driving with an unlawful alcohol concentration, speeding, and failure to maintain lane. The trial court directed a verdict of acquittal for failure to maintain lane. Bazemore was acquitted of...
TAM v. STATE - 3/4/1997
Defendant was convicted by a jury of driving under the influence to the extent it was less safe for him to drive (OCGA § 40-6-391 (a) (1)) and following too closely (OCGA § 40-6-49). On appeal, he challenges the sufficiency of the...
STATE v. NICHOLS - 3/4/1997
Defendant William Keith Nichols was arrested in his father's home, and was subsequently charged with driving under the influence; driving with a suspended license; driving with an open container; driving without proof of insurance; and...
HARMON v. STATE - 2/27/1997
Louise S. Harmon appeals her conviction of driving under the influence of alcohol. Harmon contends the trial court erred by denying her motion for mistrial after the trial court conducted an in chambers voir dire of a prospective juror...
GUINN v. STATE - 2/26/1997
Fred Glenn Guinn appeals from his conviction for driving under the influence of alcohol. For reasons which follow, we affirm.
Viewed in the light most favorable to the verdict, the evidence shows the following. Between 11:30 and...
ROBERTSON v. STATE - 2/24/1997
Following a fight with David Winstead and Jerry McDaniel, William Daniel Robertson pulled a gun from his truck and shot Winstead in the foot. Robertson appeals his conviction on two counts of aggravated assault, contending the trial...
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