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. Edminson - 12/11/2003
Following the trial court's grant of John Clyde Edminson's motion for discharge and acquittal based on the State's failure to provide him with a statutorily required speedy trial, the State appeals, arguing that Edminson presented no...
State v. Sledge - 12/10/2003
The State charged Eric Cleatus Sledge with speeding, "laying drags" in violation of OCGA § 40-6-251, and driving under the influence of alcohol to the extent that it was less safe for him to drive. Citing a lack of probable cause for...
Pinch v. State - 12/2/2003
Following a jury trial, Jonathan G. Pinch was found guilty of driving under the influence to the extent that it was less safe to drive, failure to obey stop sign, no license on person, reckless driving, improper lane change, and...
In re K.N.C. - 12/1/2003
The juvenile court terminated the natural mother's parental rights to W. J. C., her thirteen-year-old son, and K. N. C., her six-year-old daughter. The mother appeals, arguing that the juvenile court lacked subject matter jurisdiction...
McKay v. State - 11/26/2003
Following a bench trial, Craig Robert McKay was found guilty of leaving the scene of an accident, failure to exercise due care, no proof of insurance, and DUI less safe to drive. In this appeal, McKay contests the sufficiency of...
Craig v. Holsey - 11/25/2003
WHOLE COURT
Rodney Leroy Craig appeals a verdict and judgment against him arising out of a car accident he caused while under the influence of drugs and alcohol. He contends the trial court failed to enforce a settlement...
Sangster v. Dujinski - 11/18/2003
In this personal injury action brought by Karen E. Dujinski, defendant Ricky R. Sangster, Jr. appeals from denial of his motion for new trial, renewed motion for mistrial, and motion for attorney fees based upon improper argument of...
Ferguson v. State - 11/17/2003
January 15, 2004 On motion for reconsideration, a substitute opinion is being issued and the judgment line has been amended.
The appellant, Tami Ferguson, appeals from her convictions for serious injury by vehicle and for three...
Buchanan v. State - 11/14/2003
A judge, sitting without a jury, found Ryan Buchanan guilty of driving under the influence of a drug to the extent it was less safe for him to drive, driving under the influence of amphetamines, and failing to maintain a lane. He...
State v. Rackoff - 11/14/2003
The State Court of Gwinnett County granted Stewart Daniel Rackoff's motion to suppress the results of an Intoxilyzer 5000 breath alcohol test in this prosecution for driving under the influence. The trial court granted the motion...
McClendon - 11/14/2003
A Lamar County jury found David McClendon guilty of making false statements, OCGA § 16-10-20; criminal interference with government property, OCGA § 16-7-24; tampering with evidence, OCGA § 16-10-94; and theft by taking, OCGA § 16-8-2....
Manning v. USF & G Insurance Co. - 11/13/2003
Becky Rae Manning filed an action against Deborah A. Wood ("Wood") and her son, Larkin D. Wood, II ("Larkin"), for personal injuries she sustained while a passenger in a car driven by Larkin. In her action, Manning alleged that Larkin...
In re Queen - 11/10/2003
This disciplinary matter is before the Court pursuant to the Report and Recommendation ("R&R;) of a special master who recommends accepting Respondent Leonard H. Queen, Sr.'s petition for voluntary discipline which he filed...
State v. Heath - 11/10/2003
We granted certiorari in this case to consider the circumstances under which a court may apply a presumption of prejudice in evaluating a claim of ineffective assistance of counsel. Because the presumption is applicable in only a...
Fluellen v. State - 11/6/2003
Larry B. Fluellen was charged with driving under the influence of alcohol ("DUI"), endangering a child by driving under the influence, failure to maintain lane, and driving with an open container. Before trial, Fluellen filed a motion...
State v. Ferrell - 11/5/2003
The State appeals from the State Court of Glynn County's order granting Lisa Ann Ferrell's motion in limine premised upon an illegal stop of her vehicle. For the reasons that follow, we reverse.
Factual and credibility...
Bridges v. State - 10/31/2003
Following a bench trial, the trial court found Wade Bridges guilty of possessing methamphetamine, driving under the influence, operating a motor vehicle without proof of insurance, and failing to wear a seatbelt. On appeal, Bridges...
Fraser v. State - 10/24/2003
A jury found Richard C. Fraser guilty of speeding and reckless driving. He appeals the reckless driving conviction, arguing that the evidence showed only that he was speeding, and that speeding, alone, is insufficient to establish...
Disharoon v. State - 10/24/2003
Following a bench trial, the State Court of Cherokee County convicted Sherry Disharoon of driving under the influence of alcohol while having an alcohol concentration of 0.08 or more, OCGA § 40-6-391 (a) (5); DUI, less safe, OCGA §...
Dawkins v. Doe - 10/22/2003
Appellant-plaintiff Andrew Dawkins, Sr., father of Caesar Shelton Dawkins, deceased, appeals from the Superior Court of Coweta County's grant of summary judgment for appellee-defendant John Doe, an alleged hit and run driver, upon the...
Liberty Insurance Corp. v. Ferguson - 10/22/2003
Liberty Insurance Corporation appeals the denial of its request for declaratory relief. Liberty had sought to ascertain whether it had a contractual obligation to provide liability coverage under an automobile insurance policy,...
Bond v. State - 10/14/2003
Kimberly Ann Bond was convicted after a bench trial of felony escape and sentenced to serve one year in custody and five years on probation. On appeal, Bond argues the trial court erred in finding her guilty of felony escape instead of...
Cooper v. State - 10/6/2003
Carey Don Cooper appeals his conviction for driving under the influence of cocaine. He makes a constitutional challenge to the provision in OCGA § 40-5-55 (a), the implied consent statute, requiring chemical testing of the operator of...
In re G.C. - 10/2/2003
The mother of four boys, G. C. (age three), P. C. (age six), C. C. (age four), and A. C. (age two), appeals from the juvenile court's order terminating her parental rights. She contends that the State did not prove by clear and...
Stefanell v. State - 9/25/2003
Following a jury trial, Pepito Stefanell appeals his conviction for driving under the influence and failure to maintain lane, contending that the trial court erred by refusing his written request to charge the jury on the affirmative...
Painter v. State - 9/25/2003
A jury found Thomas Russell Painter guilty of driving under the influence. Painter appeals, contending that the trial court erred in allowing the State to reopen its evidence after resting its case. For the reasons set forth below, we...
City of Pooler v. Edenfield - 9/18/2003
A Bloomingdale City officer pursued a fleeing motorist at speeds exceeding 100 mph, tailing the motorist's vehicle closely so that he could read the license tag number. A Pooler City officer followed the chase in a secondary pursuing...
Simmons v. State - 9/16/2003
Hughie Simmons appeals from the denial of his motion to dismiss and plea in bar based on an alleged violation of OCGA § 16-1-7 (b). Because Simmons failed to show that the proper prosecuting attorney had actual knowledge of all the...
Saye v. State - 9/16/2003
James Lamar Saye was indicted by a Cherokee County grand jury on two counts of vehicular homicide, one count of driving under the influence, one count of reckless driving, and three counts of violation of the Georgia Controlled...
Cole v. State - 9/16/2003
On July 9, 2002, the State charged Don Cole with driving under the influence of alcohol. Cole subsequently moved to suppress the results of his intoximeter test, arguing that the arresting officer failed to provide an independent blood...
State v. Brantley - 9/12/2003
In this DUI case arising from a traffic stop on Second Street in Brunswick, the State appeals from the State Court of Glynn County's order granting Thomas Lee Brantley's motion to suppress the results of his breath test. For the...
Morgan v. State - 9/11/2003
Andrew J. Morgan was charged in recorder's court with DUI. He moved to suppress certain evidence and requested a pre-trial hearing. Following the hearing, the recorder's court dismissed the charge. The State re-filed this charge in state...
Buggay v. State - 9/10/2003
Steve Cannon Buggay, Jr. was found guilty of misdemeanor fleeing or attempting to elude a police officer, driving under the influence of alcohol, felony habitual violator, no proof of insurance, and felony fleeing or attempting to...
Shuler v. State - 9/10/2003
Jeremy Marion Shuler appeals the trial court's denial of his plea in bar based upon the alleged denial of his constitutional right to a speedy trial. Shuler contends the trial court erred by finding that the State exercised due...
Gantt v. State - 9/8/2003
Angel Marie Gantt was found guilty by a jury of driving under the influence of drugs to the extent that she was less safe to drive, OCGA § 40-6-391 (a) (2), driving without a license in her possession, OCGA § 40-5-29, and improper...
In re Thompson - 9/8/2003
These disciplinary matters are before the Court on the special master's filing of two reports recommending that Respondent Lloyd E. Thompson, Jr. be suspended indefinitely, but no less than one year in Case No. S03Y1442 and no less...
Summers v. State - 9/4/2003
Kevin Summers stands accused in the Superior Court of Cherokee County of two counts of financial identity fraud, OCGA § 16-9-121. Summers appeals the denial of his plea in bar and Motion in Autrefois Convict, contending the prosecution...
Spence v. State - 9/4/2003
James Christopher Spence appeals his convictions of driving under the influence of alcohol to the extent that it was less safe to drive and failure to maintain lane. He challenges the trial court's denial of his motion to suppress....
Marryott v. State - 9/4/2003
Defendant William R. Marryott was convicted of driving under the influence of alcohol to the extent it was less safe for him to drive (OCGA § 40-6-391 (a) (1)), driving under the influence of alcohol with a blood alcohol concentration...
Cox v. State - 9/3/2003
Following a jury trial in the City Court of Atlanta, James Cox was found guilty of DUI - excessive BAC and DUI - less safe driver. He appeals, claiming trial court error in the denial of his motion to suppress, the admission of a...
Yates v. State - 9/2/2003
A jury found William Yates guilty of driving under the influence of alcohol, driving without proof of insurance, driving after having been declared a habitual violator, driving with an altered license plate, driving with an open...
Spence v. State - 9/2/2003
Demetris Spence appeals after he was convicted of possession of marijuana, driving without a valid license, operating a vehicle without insurance, failure to obey a traffic control device and fleeing and attempting to elude.
The...
Carraway v. State - 8/26/2003
David Carraway appeals the trial court's denial of his motion for acquittal based on alleged violations of his right to a speedy trial. For reasons that follow, we affirm.
This is the second time this case has been before this...
Walker v. State - 8/25/2003
A Gwinnett County jury found Mychal H. Walker guilty of DUI - less safe driver. He appeals and contends solely that the trial court erred in denying his motion to suppress evidence of his "refusal" to submit to a breath test. His...
State v. Goolsby - 8/25/2003
The State Court of Stephens County granted Cameron Goolsby's motion to suppress the results of his intoxilyzer breath test because the arresting officer did not have probable cause to arrest Goolsby for DUI prior to the administration...
Weldon v. State - 8/22/2003
Following a jury trial, James Weldon was convicted of interfering with government property, obstructing a law enforcement officer, and driving under the influence. On appeal he challenges the sufficiency of the evidence on each of the...
Seymour v. State - 8/20/2003
Andrew Seymour appeals the denial of his plea in bar of former jeopardy made after the trial court granted his motion for a mistrial. Seymour urges this court to adopt a new standard when evaluating whether double jeopardy bars retrial...
Harwood v. State - 8/20/2003
On March 15, 2002, Andrew John Harwood stopped his car at a police road block in Henry County. After a police dog alerted positively for the presence of drugs in the car, the car was searched and marijuana was found inside, as well as...
Evans v. State - 8/12/2003
Following a bench trial in the Superior Court of Wilkes County, Howard Evans was found guilty of trafficking in cocaine and a seat belt violation. He appeals and challenges the denial of his motion to suppress as well as the...
Belyeu v. State - 8/12/2003
Willie Belyeu was tried before a jury and convicted of driving under the influence of alcohol and following too closely. He appeals, challenging the sufficiency of the evidence supporting his driving under the influence conviction,...
Lunsford v. State - 8/1/2003
A McIntosh County jury found Daniel Hugh Lunsford guilty of violating the provisions of a probationary license issued to an habitual violator, DUI - less safe driver, and failure to maintain a lane, which charges arose pursuant to an...
Guzman v. State - 7/10/2003
Gerrado Luis Guzman was convicted on two counts of homicide by vehicle in the first degree for causing the deaths of two boys. But Guzman was neither driving nor riding in the only car involved in the fatal accident. Rather, he was...
Bentley v. State - 7/7/2003
David Bentley appeals the denial of his motion for discharge and acquittal made on the ground of double jeopardy after the trial court declared a mistrial over his objection. Because declaration of a mistrial was not an abuse of...
Oliver v. State - 7/2/2003
*PLEASE NOTE: THIS IS A SUBSTITUTE OPINION.
In July of 2001, Keith Lamar Oliver was charged with driving under the influence of alcohol to the extent that he was a less safe driver, OCGA § 40-6-391 (a) (1), driving under the...
Milliken v. Stewart - 6/30/2003
After Milliken's convictions for kidnaping, reckless conduct, and DUI were affirmed by the Court of Appeals (Milliken v. State, 230 Ga. App. 810 (498 SE2d 127) (1998)) and this Court denied his petition for a writ of certiorari, he...
King v. State - 6/27/2003
After a jury trial, Jacob King was found guilty of first degree vehicular homicide, reckless driving, serious injury by vehicle, and racing. His friend and co-defendant, Michael Massey, was found guilty of first degree vehicular...
Arnold v. State - 6/27/2003
Following a jury trial, Ralph Eugene Arnold appeals his convictions for interference with government property, criminal damage to property in the second degree, driving with drugs present in his urine, driving under the influence of...
Wright v. Pine Hills Country Club - 6/18/2003
After consuming red wine at the Crisp County Watermelon Festival gala event located at Pine Hills Country Club, newspaper reporter Michele Yawn attempted to drive home. On her way, she inexplicably stopped on a state highway facing...
Kothari v. Patel - 6/17/2003
This matter, arising from a business venture, appears in this court for the second time. The origins of this consolidated appeal lie in an action filed by Interstate Development Services of Lake Park, Georgia, Inc. (IDS) against Vijay...
Coker v. State - 6/13/2003
A jury found William Coker guilty of DUI and of driving with a suspended license. Coker was stopped by police while driving a golf cart on a public highway in Peachtree City. He appeals only the conviction for driving with a suspended...
Johnson v. State - 6/12/2003
Carlre Demetric Johnson was charged with driving under the influence of alcohol to the extent that it is less safe to drive, driving under the influence of alcohol with an unlawful blood alcohol concentration of 0.08 grams or more, and...
State v. Oliver - 6/11/2003
Gregory Lavon Oliver was charged with driving under the influence of alcohol. Oliver moved to suppress evidence of his intoxication on the ground that it was the fruit of an arrest unsupported by probable cause. The trial court granted...
Rowe v. State - 6/9/2003
Clayton Rowe appeals his conviction for malice murder in connection with the fatal shooting of his wife, Bobbie Lynn Rowe. He challenges the admission of certain testimony and other evidence, the restriction of cross-examination, and...
Stearnes v. State - 6/5/2003
Following a bench trial, the trial court found Truman Bradley Stearnes guilty of driving under the influence of alcohol, speeding, and failure to maintain a lane. On appeal, Stearnes challenges the sufficiency of the evidence and the...
State v. Stilley - 6/4/2003
WHOLE COURT
Stiles Dean Stilley, who was charged with driving under the influence, moved to suppress evidence obtained during a traffic stop. Finding that the police officer who stopped Stilley lacked articulable suspicion for...
Lanning v. State - 6/4/2003
A jury convicted Timothy Lanning of vehicular homicide and driving under the influence of alcohol to the extent that it was less safe for him to drive. Lanning appeals, raising several enumerations of error. For the following reasons,...
Long v. State - 6/4/2003
Charles Andrew Long appeals after a jury convicted him of driving under the influence to the extent that he was a less safe driver, obstruction of an officer, improper turn signal, open container violation and laying drag. He asserts...
Carrell v. State - 6/4/2003
Following a jury trial, Craig Avery Carrell appeals his convictions for aggravated assault, driving under the influence, fleeing and attempting to elude, reckless driving, exceeding the maximum speed limit, and reckless conduct....
Bishop v. State - 6/2/2003
James Michael Bishop filed a motion to dismiss and plea in bar in the Superior Court of Monroe County based upon (1) the State's alleged failure to try Bishop within the two-year statute of limitation for the misdemeanor traffic...
Millsap v. State - 5/30/2003
A jury found Calvin Millsap guilty of possession of cocaine. Millsap appeals, arguing that the evidence was insufficient to support his conviction, the trial court erred in permitting the testimony of Dr. Mary Jo Brasher concerning...
Bowden v. State - 5/29/2003
J. T. Bowden appeals from the denial of his motion for new trial following his conviction by a jury of one count of aggravated assault with intent to rob Matthews.
1. Viewed in favor of the jury's verdict, the evidence was that...
Malone v. State - 5/28/2003
Following a bench trial, Christopher Malone appeals his conviction for driving under the influence, contending that he was arrested without the prerequisite probable cause and, as such, the trial court erred by denying his motion to...
Butler v. Warren - 5/22/2003
On January 11, 2001, a pickup truck owned by Mary and Joseph Warren, but driven by Melvin Snellings, collided with a car in which Zachary Butler was a passenger. Zachary died from injuries he sustained in the wreck. His parents,...
State v. Thompson - 5/21/2003
In both of these cases, the State appeals the trial courts' grant of the defendants' motions to dismiss the accusations because they were not filed within the two year period of limitations. See OCGA § 17-3-1 (d). In each appeal the...
State v. Jones - 5/21/2003
The State appeals from the trial court's grant of Joshua Dale Jones' motion in limine and motion to suppress the results of his breath test. The trial court determined that the officer failed to place Jones under arrest for DUI or read...
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