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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Serritt v. State - 5/21/2003
Charles Bradley Serritt appeals his convictions of guilty but mentally ill, contending that the State presented insufficient evidence to support the verdict and that he should have been acquitted by reason of insanity. For the reasons...
David v. State - 5/15/2003
Joseph Kelly David appeals from the trial court's order denying his motion to withdraw his guilty plea to the offense of first degree homicide by vehicle and denying his motion in arrest of judgment attacking the validity of the...
Crossley v. State - 5/13/2003
Following a bench trial in the State Court of Henry County, John Wayne Crossley was found guilty of driving under the influence per se (OCGA § 40-6-391 (a) (5)) and reckless driving (OCGA § 40-6-390). Crossley appeals from the trial...
Brown v. State - 5/12/2003
James B. Brown was charged by accusation with two counts of DUI, failure to maintain lane, and violation of the open container law. After the trial court denied his motion to suppress/motion in limine, he stipulated to the results of...
In re J.P.V. - 5/9/2003
In December 2001, J. P. V. was placed in the custody of the Department of Family and Children Services (DFCS) for the third time. In March 2002, the juvenile court entered an order concluding that, under OCGA § 15-11-58, services to...
Hunt v. State - 5/7/2003
A jury found Charles Lewis Hunt guilty of vehicular homicide and driving under the influence of alcohol. Following the denial of his motion for new trial, Hunt appeals. He contends that the evidence was insufficient to sustain his...
State v. Kruzel - 5/1/2003
Kerry Philip Kruzel stands accused in the State Court of Gwinnett County of driving under the influence of alcohol to the extent that it was less safe to drive and while having a blood alcohol concentration of 0.10 grams or more, OCGA...
Cotton States Mutual Insurance Company v. Brightman - 4/29/2003
After James Brightman obtained a $1,787,500 judgment against Lynn Martin and Gregory Cumbo for injuries suffered in a 1992 automobile collision, Martin assigned to Brightman her bad faith claim against her insurance company, Cotton...
Fischer v. State - 4/22/2003
Following a bench trial in the State Court of Clayton County to which the facts were stipulated, Chad Orlando Fischer was found guilty of driving under the influence of alcohol, which charge arose when Fischer was stopped on Talmadge...
Talbot v. State - 4/17/2003
*PLEASE NOTE: THIS IS A SUBSTITUTE OPINION.
Maurice Talbot appeals his conviction of possession of cocaine with intent to distribute for which he was sentenced to thirty years, ten to serve. He contends that the evidence was...
Baird v. State - 3/28/2003
Andrew Baird appeals his conviction of driving under the influence of alcohol to the extent that he was a less safe driver. He argues, among other things, that the trial court erred by instructing the jury that it could infer, from his...
Hines v. State - 3/27/2003
While hunting, Robert Lee Hines mistook his friend Steven Wood for a turkey and shot him dead. A jury convicted Hines of felony murder based on the underlying crime of possession of a firearm by a convicted felon, but acquitted him of...
Chinn v. State - 3/27/2003
A jury convicted Ronnie Chinn of the murder of cab driver John Agazie. Chinn contends that the State struck four jurors for racially motivated reasons and the prosecutor made an improper closing argument. Because the State provided...
Smith v. State - 3/19/2003
Following the denial of his motion for discharge and acquittal, Hubert Smith appeals, arguing that the trial court erred in its finding that his Sixth Amendment right to a speedy trial had not been violated. For the reasons stated...
Jernigan v. State - 3/19/2003
Edward Jernigan was charged with driving under the influence of alcohol with an unlawful blood alcohol concentration, driving under the influence of alcohol to the extent that it was less safe to drive, and reckless driving. At a bench...
Robinson v. State - 3/11/2003
On December 15, 2001, Christina Robinson was charged with driving under the influence of alcohol. A bench trial was conducted on March 28, 2002, in the City of Jonesboro Municipal Court. The court convicted Robinson of DUI and...
Anderson v. State - 2/25/2003
Michael Anderson was charged with homicide by vehicle in the first degree, serious injury by vehicle, driving under the influence of alcohol ("DUI"), driving with a suspended license, failure to maintain lane, driving without...
Viau v. State - 2/21/2003
After a bench trial, Shearron Viau was convicted of driving under the influence of alcohol to the extent it was less safe for her to drive, driving with an alcohol concentration of 0.08 grams or more, and failing to maintain lane. ...
Hobbs v. State - 2/19/2003
* PLEASE NOTE: THIS IS A SUBSTITUTE OPINION.
Following a bench trial, Daniel Franklin Hobbs appeals his conviction for DUI pursuant to OCGA § 40-6-391 (a) (5), contending that the trial court should have suppressed the evidence...
Kinsey v. State - 2/13/2003
In his second appeal before us, Kinsey v. State, Bernard Kinsey, pro se, appeals the trial court's denial of his motion to vacate a void sentence, arguing, among other things, that he was improperly sentenced as a recidivist to life...
Doster v. State - 2/12/2003
Bobby Lewis Doster was indicted on charges of driving under the influence of amphetamine and possession of amphetamine. His demurrer to the DUI charge was granted. He was found guilty by a jury on the possession charge, and he filed...
Dougherty v. State - 2/12/2003
A jury found Edward Dougherty guilty of driving under the influence of alcohol. Dougherty appeals, arguing that the trial court should have suppressed the results of his Intoxilyzer 5000 breath test. He also asks us to remand this...
Adams v. State - 2/11/2003
After a jury trial, Joe Lewis Adams, Jr. was convicted of two counts of serious injury by vehicle and driving under the influence (OCGA § § 40-6-394, 40-6-391(a) (1)). On appeal, he challenges only the sufficiency of the evidence...
Boyd v. State - 2/6/2003
Gary Lynn Boyd appeals his conviction after a bench trial of driving under the influence of alcohol (DUI) to the extent that it was less safe for him to drive. He contends that there was insufficient evidence to establish probable...
Jones v. State - 2/6/2003
Following a jury trial, Joseph Shannon Jones appeals his conviction for driving under the influence (OCGA § 40-6-391 (a) (1)) and improper backing (OCGA § 40-6-240), claiming that: (1) the trial court erred in denying his motion to...
State v. Batty - 2/4/2003
Following the grant of Laurel Christine Batty's motion to suppress evidence of her intoxication in this DUI case, the State appeals, contending that the trial court erred by finding that the arresting officer lacked probable cause....
Slinkard v. State - 2/3/2003
A Douglas County jury found William Slinkard guilty of improper passing and driving under the influence of alcohol - less safe driver and per se excessive blood alcohol content ("BAC"), which charges arose when, immediately after a red...
State v. Naik - 1/29/2003
The State Court of Gwinnett County granted Piyush Naik's motion to suppress breath test results, finding the State failed to prove the chemical test of Naik's breath was "performed according to methods approved by the Division of...
King v. State - 1/27/2003
Following a one-car accident, a police officer charged Michael David King with driving under the influence, and the State executed a search warrant for King's medical records at the hospital where he was treated for injuries. We...
Parker v. State - 1/15/2003
Following a bench trial, Jerimi Parker was convicted of driving under the influence to the extent that it was less safe for him to drive and committing an improper and unsafe lane change. On appeal he contends that the trial court...
Camp v. State - 1/15/2003
Following a stipulated bench trial, Danny Camp was convicted on one count of driving under the influence to the extent that it was less safe for him to drive. On appeal he contends that the trial court erred in (i) denying his motion...
Scara v. State - 1/15/2003
Following a bench trial, Eric Bryant Scara appeals his convictions of driving under the influence of alcohol to the extent that he was a less safe driver (OCGA § 40-6-391 (a) (1)) and driving with an unlawful alcohol concentration...
Hutto v. State - 1/15/2003
Following a bench trial, Floyd Hutto was convicted of driving under the influence of alcohol and operating an unregistered vehicle. He appeals, arguing that the trial court erred in denying his motion to suppress. For reasons that...
Razor v. State - 1/14/2003
James Russell Razor was charged with operating a motor vehicle after having been declared a habitual violator, driving while under the influence of alcohol to the extent he was a less safe driver, speeding, and following too closely....
Ayres v. State - 1/13/2003
James Ayres was indicted for serious injury by vehicle, driving under the influence of alcohol, reckless driving, and driving with a suspended license. He moved to suppress evidence of statements he made to the police and of breath and...
Butler v. State - 1/13/2003
A jury found Mitzi Lynn Butler guilty of two counts of second degree arson and two counts of second degree criminal damage to property. In her sole enumeration of error on appeal, Butler challenges the sufficiency of the evidence. As...
Milliken v. State - 1/9/2003
In 1997, a Clarke County jury found Leonard Scott Milliken guilty of two counts of reckless conduct, one count of kidnaping, and one count of DUI. He was appointed appellate counsel, and a notice of appeal, enumerations of error and...
Simile v. State - 1/9/2003
Craig Burton Simile appeals from the trial court's denial of his plea of former jeopardy in his DUI prosecution, based upon the imposition by the Georgia Institute of Technology (Georgia Tech) of administrative penalties arising from...
Walczak v. State - 1/9/2003
Following a bench trial on stipulated facts adduced at a hearing on a motion to suppress, the State Court of Fayette County found Robert Walczak guilty of driving under the influence of drugs - less safe driver, and failure to yield...
State v. Swords - 12/16/2002
Following a traffic stop, Joshua Swords was charged with DUI, possession of alcohol by an underage person, and improper tag display. Swords moved to suppress evidence supporting the charges, challenging the legality of the traffic stop...
Matthews v. State - 12/11/2002
Bailey Matthews appeals her conviction for driving under the influence of alcohol, arguing only that the court failed to suppress evidence of the traffic stop.
"In reviewing a trial court's decision on a motion in limine where...
Heath v. State - 11/26/2002
WHOLE COURT
Richard Anthony Heath appeals from the trial court's denial of his motion to withdraw his guilty plea on the basis of ineffective assistance of counsel. As the neglectful representation provided by Heath's attorney...
Foster v. State - 11/26/2002
WHOLE COURT
David Foster was convicted of driving under the influence of alcohol to the extent he was a less safe driver (DUI), driving with a suspended license, and failure to maintain lane. His motion for new trial was denied....
Belluso v. Tant - 11/19/2002
Nick M. Belluso, the father of decedent Rebecca Belluso Tant, filed a wrongful death action against his son-in-law, Mahlon Grady Tant. The trial court determined as a matter of law that Belluso lacked standing to bring the action....
Farid v. State - 11/18/2002
Following a bench trial, Luqman Farid was convicted of DUI, speeding, and failure to maintain lane. He appeals, arguing that the traffic stop was illegal and that the trial court should have granted his motion to suppress the evidence...
Kitchens v. State - 11/18/2002
Defendant Mary Cloyd Kitchens was convicted following a bench trial of driving under the influence of alcohol to the extent that she was a less safe driver, failure to maintain lane and driving with an expired license. She appeals,...
State v. Beck - 11/12/2002
The State appeals from the grant of Beck's general demurrer challenging the constitutionality of OCGA § 40-6-391 (a) (2). See OCGA § 5-7-1(a)(1). We reverse.
Beck was arrested for driving under the influence of drugs and...
Moore v. State - 11/7/2002
A car operated by Tommie Lee Moore collided with an eighteen-wheel tractor-trailer rig, causing the death of Moore's passenger. As a result, a two-count indictment was returned charging Moore with driving under the influence of alcohol...
State v. West - 11/6/2002
The State appeals from the trial court's order dismissing a state court accusation charging Clay Douglas West with DUI. The trial court reasoned that transfer of the case from the Municipal Court of Suwanee to the state court was not...
Mcadams v. State - 11/1/2002
Ollie McAdams was convicted of driving with an unlawful blood-alcohol concentration, attempting to elude a police officer, driving a motor vehicle without all equipment (tires) in good working order, and hit and run. He was given a...
Jellie v. State - 11/1/2002
Following a bench trial in the City Court of Atlanta, Jason P. Jellie was found guilty of DUI - less safe driver, failure to yield, and possession of an open container. He appeals, contending that the trial court erred in failing to...
Branton v. State - 10/31/2002
A jury found Darrell Branton guilty of driving while under the influence of alcohol. Branton appeals, alleging (1) the trial court abused its discretion by denying his motion for continuance, (2) the trial court erred in sentencing him...
In re J.H. - 10/31/2002
J. H.'s mother appeals the juvenile court's order terminating her parental rights, challenging the sufficiency of the evidence. Because clear and convincing evidence was not presented to show that J. H.'s continued legal relationship...
Lucas v. State - 9/30/2002
Jarquin Lucas was arrested for speeding and DUI. The arresting officer read him the implied consent notice in accordance with OCGA § 40-5-67.1 (b), and asked that he take a breath test. However, Appellant is not fluent in English, and...
Noble v. State - 9/30/2002
Ben Edward Noble was convicted at a bench trial and sentenced on two counts of driving under the influence and another vehicular infraction arising out of two incidents three months apart. Finding no error in the trial court's rulings,...
Ramey v. State - 9/27/2002
Mark Todd Ramey was convicted of driving under the influence of drugs, speeding and improper lane change. He appeals his conviction of driving under the influence of drugs, contending the trial court erred in denying his amended motion...
State v. Peirce - 9/27/2002
Arjen William Peirce was charged with driving under the influence of alcohol and failing to maintain a lane. He filed a motion in limine and motion to suppress evidence obtained during the stop based on the police officer's statement...
Ross v. State - 9/20/2002
On January 1, 2002, applicant-defendant Michael Ross was stopped at a Clayton County police roadblock. He was charged with driving under the influence of alcohol to the extent it was less safe for him to drive (OCGA § 40-6-391 (a)...
Brooks v. State - 9/20/2002
The sole issue in all three appeals concerns the interpretation of statutory language setting forth the terms of court for Barrow County. OCGA § 15-6-3 (32) (B) states that those terms shall commence as follows: "Last Monday in...
State v. Mussell - 9/20/2002
The State appeals from the trial court's grant of defendant Elizabeth A. Mussell's motion to suppress the results of her breath test in this DUI case. For the following reasons, we reverse.
While the trial court's findings as to...
Holloman v. State - 9/19/2002
James Herbert Holloman was charged with two DUI counts - a "less safe" charge and a per se charge. Before trial, the State nol prossed the per se charge, although it is unclear from the record whether the State redacted the per se...
Martin v. State - 9/18/2002
Susan E. Martin appeals the trial court's denial of her motion to suppress evidence following a traffic stop. Because we conclude that the arresting officer lacked a reasonable articulable suspicion for stopping Martin's car, we...
Lockett v. State - 9/17/2002
On January 6, 2000, Monroe County officers arrested Marion Lockett after the tractor trailer he was driving turned over. A breath test showed a blood alcohol level of 0.073 grams. After a bench trial, the Probate Court of Monroe...
Moran v. State - 8/30/2002
As a result of an incident occurring in 1996, Joseph Donald Moran was charged with and convicted of driving under the influence of alcohol to the extent that it was less safe to drive (former OCGA § 40-6-391 (a) (1)) and driving with...
Allen v. State - 8/30/2002
A jury convicted Clinton D. Allen of driving under the influence of alcohol to the extent that he was a less safe driver. Allen appeals, contending that the evidence was insufficient to support his conviction and that the judge...
Mueller v. State - 8/30/2002
* PLEASE NOTE: THIS IS A SUBSTITUTE OPINION.
Edmond Mueller was charged with driving under the influence with a blood alcohol concentration of 0.08 grams or more (OCGA § 40-6-391 (a) (5)) and with driving under the influence of...
Moran v. State - 8/30/2002
As a result of an incident occurring in 1996, Joseph Donald Moran was charged with and convicted of driving under the influence of alcohol to the extent that it was less safe to drive (former OCGA § 40-6-391 (a) (1)) and driving with...
Richards v. State - 8/29/2002
Charles H. Richards, Jr. appeals from the DUI conviction entered in the City Court of Atlanta on August 30, 2001. Richards contends the trial court erred in denying his motion to suppress. Finding no error, we affirm.
When an...
State v. Serio - 8/27/2002
The State appeals an order of the State Court of Gwinnett County granting Sarah Jane Serio's motion to transfer her DUI case to the Recorder's Court of Gwinnett County. The State argues that the transfer order is invalid because, among...
Bolden v. State - 8/23/2002
This is a direct appeal of the trial court's interlocutory order denying Stanley C. Bolden's motion for discharge and acquittal based on the alleged violation of his constitutional right to a speedy trial. For the reasons that follow,...
State v. Johnson - 8/23/2002
The state appeals from the state court's order granting Stephen Johnson's motion to dismiss a DUI accusation and transferring the case back to the recorder's court for resolution. For the reasons set forth below, we reverse the...
Harrell v. State - 8/23/2002
A jury found Chevy Harrell guilty of driving under the influence of drugs and alcohol to the extent that it was less safe to drive, driving under the influence of cocaine, and driving with a suspended license. Harrell appeals, alleging...
Frank v. State - 8/23/2002
Joyce K. Frank appeals the trial court's order granting the state's request for forfeiture of Frank's automobile. On March 29, 2001, Frank's son, Shawn Wesley Hagenbuch, was arrested for driving without a license, driving under the...
Govert v. State - 8/20/2002
Monika T. Govert appeals following the denial of her plea in bar by the Fayette County State Court. She asserted in support of her plea that under OCGA § 40-13-29 the Peachtree City Municipal Court had exclusive jurisdiction over state...
Baysinger v. State - 8/16/2002
William Baysinger was driving his car while under the influence of alcohol when he unlawfully failed to yield the right of way to another car carrying a family of four. The two cars collided, and the family in the car hit by Baysinger...
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