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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Fuller v. State - 7/30/2002
Randy S. Fuller appeals his convictions, following a jury trial, of driving under the influence of alcohol and marijuana to the extent that he was a less safe driver, possession of marijuana of less than one ounce, and possession of a...
Hildreth v. State - 7/30/2002
Following a guilty plea to felony interference with government property, felony obstruction and hindering of a law enforcement officer, felony fleeing and attempting to elude a law enforcement officer by driving in a reckless manner,...
Sawyer v. City of Atlanta - 7/30/2002
* PLEASE NOTE: OPINION DATED 12/17/01 IS VACATED. THIS IS THE SUBSTITUTE OPINION.
WHOLE COURT
On February 20, 2001, following a trial in the City Court of Atlanta, Stanley J. Sawyer was found guilty of the offenses of...
Smith v. State - 7/29/2002
Cherry Smith was found guilty of driving under the influence of alcohol, driving on the wrong side of the road, and driving without a current vehicle tag. She appeals, alleging (1) the trial court erred in admitting the results of a...
Blackburn v. State - 7/29/2002
Johnny Blackburn was indicted for possessing methamphetamine, possessing an open container of alcohol while operating a motor vehicle, and driving under the influence of drugs. Blackburn moved to suppress all evidence seized from him,...
State v. Allen - 7/29/2002
A Baker County grand jury returned a true bill of indictment against Lemonte Montez Allen for the offenses of vehicular homicide, OCGA § 40-6-393, driving under the influence of alcohol, OCGA § 40-6-391, and failure to maintain his...
State v. Schmidt - 7/26/2002
Following the grant of Roy Schmidt's motion to suppress the results of his Intoxilyzer 5000 breath test in this DUI prosecution, the State appeals, contending that the trial court improperly found that the State failed to reasonably...
Johnson v. State - 7/26/2002
Scott Johnson appeals following the trial court's denial of his plea in bar on double jeopardy grounds. The City Court of Atlanta tried Johnson on four counts: driving under the influence of alcohol to the extent that it was less safe...
Banister v. State - 7/24/2002
Following a jury trial, Jimmy Ray Banister appeals his conviction for theft by receiving a stolen vehicle, contending that the trial court erred by admitting similar transaction evidence of a prior guilty plea. For the reasons set...
Leary v. State - 7/22/2002
A jury found DeFrances Leary guilty of theft by taking through breach of fiduciary obligations. On appeal, he challenges the sufficiency of the evidence and the admission of certain evidence at trial. Finding no error, we affirm. ...
Rouse v. State - 7/16/2002
William Rouse pled guilty to DUI, possession of marijuana, and driving without a license. He was sentenced to twelve months, to serve two days, with the balance probated. As part of his sentence on the DUI count, he was to pay a $650...
Peruzzi v. State - 7/15/2002
Scott Peruzzi was charged with operating a water craft while under the influence of alcohol ("Boating Under the Influence", or BUI). He challenged the constitutionality of OCGA § 52-7-25, which authorizes rangers employed by the...
Colon v. State - 7/12/2002
Kevin Brian Colon appeals from the trial court's denial of his motion for new trial following his conviction by a jury of driving under the combined influence of alcohol and drugs, failure to maintain lane, and improper stopping. ...
Ladow v. State - 7/11/2002
Terri Ladow appeals her conviction for driving under the influence (DUI) to the extent it was less safe for her to drive, contending that the trial court erred in admitting the results of her state-administered blood test because her...
Young v. State - 7/3/2002
James Billy Young appeals his convictions for driving while under the influence of alcohol and failure to obey a stop sign, contending, inter alia, that the implied consent warning provision of OCGA § 40-5-67.1 is unconstitutional. For...
Trotter v. State - 7/3/2002
A judge, sitting without a jury, found Howard Trotter guilty of driving under the influence of alcohol to the extent that it was less safe to drive, driving without proof of insurance, and driving with a suspended license. Trotter...
Garland v. State - 7/2/2002
A jury found Kevin Brett Garland guilty of driving under the influence with an unlawful alcohol concentration and speeding. Garland appeals, asserting that the trial court erred in failing to grant a continuance, in making several...
Williams v. State - 7/1/2002
A jury found Tommy Lee Williams guilty of theft by receiving, driving under the influence, attempting to elude a police officer, and being an habitual violator. On appeal, Williams contends that the trial court erred in excluding the...
State v. Warren - 6/27/2002
Harold Glenn Warren was charged with driving under the influence and failure to maintain lane. The trial court granted his motion to suppress, and the State appeals.
Rockdale County Sheriff Jeff Wigington testified at the...
Rodriguez v. State - 6/24/2002
The appellant, Omar Rodriguez, who speaks Spanish and not English, appeals from his conviction for driving under the influence of alcohol. He contends, first, that the results of his blood-alcohol tests should have been suppressed...
Susman v. State - 6/24/2002
A jury found David M. Susman guilty of one count of driving under the influence of alcohol to the extent that he was less safe to drive (DUI) and two counts of violating the Georgia Controlled Substances Act for possessing marijuana...
Moody v. State - 6/21/2002
Stuart Lee Moody was convicted in the State Court of DeKalb County of speeding, driving under the influence of alcohol to the extent that it was less safe for him to drive, and driving with an unlawful blood-alcohol concentration. He...
Boone v. State - 6/20/2002
Walter Lee Boone, Jr. was charged by accusation with driving under the influence, impeding the traffic flow, and driving while his license was suspended. Boone was tried in the City Court of Atlanta where a jury acquitted him of the...
St. Germain v. State - 6/18/2002
A jury found Gilles St. Germain guilty of driving under the influence to the extent it was less safe to drive and driving with an unlawful blood alcohol content. The trial court merged the less safe conviction into the per se DUI...
Muir v. State - 6/17/2002
Jamie Muir appeals her conviction for driving under the influence of alcohol to the extent she was a less safe driver, contending the trial court erred in restricting her expert's testimony concerning the administration and reliability...
Slate v. State - 6/13/2002
Following a bench trial, Quentin Slate appeals his conviction for driving under the influence of alcohol, OCGA § 40-6-391 (a) (1), contending that the trial court erred in denying his "motion to dismiss" based on the failure of the...
State v. Calhoun - 6/12/2002
Jacquie Somer Calhoun was arrested and charged by accusation with DUI, OCGA § 40-6-391 (a) (1), OCGA § 40-6-391 (k) (1); underage possession of alcohol, OCGA § 3-3-23 (a) (2); and improper turn, OCGA § 40-6-120 (a) (2). The State...
Cotton States Mutual Insurance Co. v. Brightman - 6/10/2002
Phipps, Judge.
James Brightman sued Lynn Martin and Gregory Cumbo to recover for injuries he sustained in a collision between a vehicle he owned and operated and a van owned by Martin and operated by Cumbo. Brightman offered to...
State v. Foster - 6/10/2002
In this DUI prosecution, the State appeals the trial court's grant of Michael Foster's motion to suppress the results of certain field sobriety tests, contending that Foster was not under arrest at the time the tests were administered...
State v. Braunecker - 6/7/2002
In this prosecution for DUI and other traffic violations, the State appeals the pre-trial suppression of the results of a breath test for alcohol. The trial court found that police denied defendant Braunecker the opportunity to have an...
Leiske v. State - 6/3/2002
In a jury trial, Paul R. Leiske was convicted of DUI, disobeying a traffic control device, and driving without a license on his person. Leiske's motion for new trial was unsuccessful. In this appeal, Leiske contends that the trial...
State v. Picot - 5/23/2002
The State appeals from the trial court's order granting Brigitte Merie Picot's motion to exclude all evidence gathered as the result of an allegedly illegal seizure during a traffic stop. The State contends that the trial court erred...
Sagenich v. State - 5/22/2002
After a jury trial, Brett Sagenich was found guilty of failure to obey a stop sign and two counts of driving under the influence of a controlled substance, per se, OCGA §40-6-391 (a) (6). The jury found Sagenich not guilty of charges...
Furcal-Peguero v. State - 5/21/2002
Following a bench trial on stipulated facts, the State Court of Cobb County convicted Rafael Antonio Furcal-Peguero of driving under the influence, OCGA § 40-6-391 (a) (5). Furcal appeals, contending the trial court erred in denying...
Ahn v. State - 5/15/2002
After the court ruled it would allow in a similar transaction, defendant asked for and received a bench trial. The State did not introduce the similar transaction, and the court convicted defendant of all charges. The question on...
State v. Simmons - 5/10/2002
Charged with DUI, James Thomas Simmons successfully moved to suppress the results of his field sobriety evaluations and breath alcohol test. The State appeals, arguing that the arresting officer did not need additional articulable...
Jarriel v. State - 5/9/2002
A jury found Bryan Jarriel guilty of driving under the influence. In three enumerations of error, Jarriel challenges the sufficiency of the evidence. He also contends that the trial court erred in denying his motion to suppress. For...
White v. State - 5/2/2002
Henry J. White was indicted by a Floyd County grand jury for possession of cocaine, two counts of obstruction of an officer, and driving under the influence. The jury acquitted him of driving under the influence and convicted him of...
Davis v. State - 5/1/2002
On March 1, 2001, James Phillip Davis, through counsel, filed a notice of appeal challenging his conviction for driving under the influence of alcohol. The following month, defense counsel moved to withdraw, and Davis executed a...
Hopkins v. State - 4/30/2002
A jury found Henry Hopkins guilty of one count each of aggravated battery and open container, and two counts each of second degree cruelty to children and driving under the influence of alcohol. Hopkins appeals, challenging the...
Ricks v. State - 4/30/2002
David Jason Ricks was convicted of driving under the influence (less safe driver) and speeding, and acquitted of underage possession of alcohol. He appeals, maintaining that the lower court erred in: 1) failing to grant his motion for...
Dorsch v. State - 4/19/2002
Dennis Dorsch appeals his conviction for DUI, challenging the legality of the traffic stop. Because the record reveals that the stop was permissible, we affirm.
The officer who stopped Dorsch testified at trial that at about...
Swearingen v. State - 4/16/2002
William Swearingen, Jr., was convicted of driving under the influence of alcohol. On appeal, he challenges the denial of his motion to suppress evidence seized from what he alleges was an illegal traffic stop. He also challenges the...
State v. Pittmon - 4/15/2002
Larry Kent Pittmon was charged with violating OCGA § 40-6-391(a)(2), driving under the influence of drugs to the extent it was less safe for him to drive. Citing this Court's decision in Love v. State, 271 Ga. 398 (517 SE2d 53) (1999),...
Klaub v. State - 4/12/2002
WHOLE COURT
Ronald Klaub was convicted by a jury of two counts of vehicular homicide, hit and run, and driving with a suspended license. He appeals his convictions, raising several arguments, including that the trial court erred...
Beasley v. State - 4/10/2002
Following a jury trial, Freddy L. Beasley appeals his conviction for possession of a firearm by a convicted felon, driving under the influence of alcohol, driving with a suspended license, and no proof of insurance. Beasley contends...
Perdue v. State - 4/3/2002
* PLEASE NOTE: THIS IS A SUBSTITUTE OPINION.
Following a bench trial, David Perdue was found guilty of driving under the influence of alcohol to the extent it was less safe for him to drive, a violation of OCGA § 40-6-391 (a)....
Ponse v. Atlanta Casualty Company - 3/29/2002
WHOLE COURT
Ebodio Ponse brought suit against Atlanta Casualty Company alleging negligence, bad faith, and conscious indifference to consequences in failing to settle within policy limits and failing to defend him in an action...
Klaub v. State - 3/29/2002
WHOLE COURT
Ronald Klaub was convicted by a jury of two counts of vehicular homicide, hit and run, and driving with a suspended license. He appeals his convictions, raising several arguments, including that the trial court erred...
In re J.W.K. - 3/29/2002
WHOLE COURT
The mother of J. W. K. appeals from an order of the Juvenile Court finding her nine-year-old child was deprived and awarding temporary legal custody of the child to the child's paternal aunt and uncle for a period of...
Birdsall v. State - 3/28/2002
After a bench trial, Alfred John Birdsall was found guilty of driving with an unlawful alcohol concentration and of failure to maintain lane. He appeals from the denial of his motion for new trial, arguing that the trial court erred in...
Buell v. State - 3/26/2002
Colby Buell appeals his conviction of driving under the influence of alcohol, contending that the roadblock at which he was stopped and arrested was not established for a proper purpose, and thus his seizure violated the Fourth...
Cox v. Southern Guaranty Insurance - 3/26/2002
Claude Emery Cox sued Southern Guaranty Insurance Company of Georgia and John Dempsey, d/b/a Dempsey Insurance Agency, for refusing to pay an insurance claim for damage to a truck that he wrecked. Because the record shows that the...
State v. Kachwalla - 3/25/2002
A police officer issued a uniform traffic citation charging appellee Kaemptah Kachwalla with driving under the influence of drugs to the extent he was a less safe driver. OCGA § 40-6-391(a)(2). Appellee filed a demurrer in which he...
Newbern v. State - 3/18/2002
Raymond W. Newbern was found guilty by a jury of two counts of vehicular homicide, two counts of DUI, and failure to drive on the right side of the road. For sentencing, the trial court merged with the first count of vehicular homicide...
Mimms v. State - 3/13/2002
Daisy L. Mimms was arrested on May 27, 1999 and charged with DUI, criminal trespass, simple assault and interference with government property arising from an incident at a City of Atlanta restaurant. A jury trial was held in the City...
Georgia Department of Public Safety - 3/13/2002
Following his DUI arrest, Mark Robinette requested a hearing on the administrative suspension of his driver's license. An administrative law judge ("ALJ") held an evidentiary hearing, and then sustained the license suspension....
Pilkenton v. State - 3/6/2002
Cynthia Pilkenton appeals from her conviction in the State Court of Spalding County of driving under the influence of alcohol while having a blood alcohol concentration of 0.10 grams or more, OCGA § 40-6-391 (a) (5). Because the trial...
Cole v. State - 3/5/2002
Jason Neil Cole was found guilty of possessing methamphetamine and marijuana found during a search of his car conducted by police after he was stopped for a traffic offense. He appeals claiming the search was illegal and that the trial...
Bess v. State - 2/28/2002
Following denial of his motion for new trial, Donnie Bess appeals his convictions of involuntary manslaughter and driving under the influence of alcohol. The State's evidence showed that, while intoxicated, Bess caused a fatal...
Vonslep v. State - 2/21/2002
Phyliss A. Vonslep appeals the denial of her motion for discharge and acquittal, claiming that the trial court erred in denying the motion: 1) because her case was never called, reached or scheduled during the two terms of court during...
Thomas v. State - 2/21/2002
James Thomas appeals his convictions of possession of cocaine, driving under the influence of cocaine, exceeding maximum limits and driving without insurance. He contends that the evidence was insufficient to support his convictions...
Harrell v. State - 2/13/2002
Shawn Maurice Harrell was convicted of kidnapping with bodily injury, aggravated assault, and criminal damage to property in the second degree by a Henry County jury. On appeal, he argues the following: (1) the trial court erred by...
Linkous v. State - 2/5/2002
Contending that he did not waive his demand for a speedy trial filed under OCGA § 17-7-170, Steven W. Linkous appeals the denial of his motion for discharge and acquittal. We find otherwise and affirm.
The chronology of this case...
Eller v. State - 2/1/2002
A jury found Jerry Eller guilty of two counts of driving under the influence of alcohol, leaving the scene of an accident, failing to yield the right of way, and being a habitual violator. In his sole enumeration of error, Eller...
Veal v. State - 1/23/2002
Bennie Veal was convicted by a jury of driving under the influence of alcohol in violation of OCGA § 40-6-391 (a) and endangering a child contrary to OCGA § 40-6-391 (l). Here he appeals, and for the following reasons, we affirm. ...
Pitts v. State - 1/18/2002
James William Pitts, Jr. appeals his conviction and sentence on two counts of vehicular homicide, three counts of reckless driving, and one count each of driving under the influence, attempting to elude an officer, speeding, driving...
Norred v. State - 1/18/2002
Tony Lamar Norred appeals from the denial of his motion to suppress a statement he made at the time of his arrest for driving under the influence. We affirm.
In reviewing the denial of Norred's motion to suppress, we must...
Carter v. State - 1/10/2002
Janet Faye Carter appeals from her convictions for driving under the influence of alcohol and driving after being declared a habitual violator. She argues that the trial court erred in admitting the testimony of Barbara Terrell, a...
Harmon v. State - 12/27/2001
A Spaulding County jury found Mary Lou Harmon guilty of DUI - less safe driver, which charge arose after Harmon rear-ended a car which was stopped at a red light at the corner of Hill and Taylor Streets in Griffin. Harmon appeals,...
State v. Hoover - 12/19/2001
The State appeals from the trial court's grant of Amanda Marie Hoover's Motion in Limine. Hoover was charged by accusation with DUI, invalid license, no tag, weaving on roadway (OCGA § 40-6-48), and a tag light violation (OCGA §...
Evans v. State - 12/14/2001
A Fulton County jury found David Matthew Evans guilty of driving under the influence of alcohol - less safe driver; failure to maintain a lane; reckless driving; failure to use a turn signal; and improper lane change. He appeals,...
Jenkins v. State - 12/13/2001
This appeal stems from a tragic automobile collision caused by Vicky Jenkins while she was driving under the influence of alcohol. As the victim was waiting at a railroad crossing for a train to pass, Jenkins drove her pickup truck...
Hudson v. State - 12/11/2001
Following a bench trial in the State Court of Cherokee County, William Leroy Hudson was found guilty of DUI - excessive blood alcohol content ("BAC"). He appeals and, in his sole enumeration of error, contends the trial court erred in...
Hendrix v. State - 12/10/2001
Following a bench trial, the court found Gerald Lee Hendrix guilty of driving under the influence of alcohol. In his sole enumeration of error on appeal, Hendrix argues that the trial court erred in denying his motion to suppress the...
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