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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Sheets v. State - 5/31/2000
MC-052C
David Ray Sheets was indicted for three counts of first degree vehicular homicide, two counts of driving under the influence of alcohol, reckless driving, and driving while license was suspended. The charges arose when...
Klink v. State - 5/30/2000
Date of Judgment Appealed: 07-29-99
Notice of Appeal Date: 08-24-99
At issue in both of these appeals is the constitutionality of OCGA § 40-5-67.1, that provides for notice of implied consent to chemical testing for those...
Turner v. State - 5/30/2000
Date of Judgment Appealed: 10-22-99
Notice of Appeal Date: 11-15-99
A jury convicted Violet Janice Turner of felony murder in connection with the shooting death of her husband, Larry Jackson Turner. On appeal, she contends...
Fisher v. State - 5/19/2000
MI-020C
In the State Court of Fulton County, Robert Fisher was charged by accusation with two counts of DUI and one count of operating a motor vehicle with no license plate. On November 10, 1998, Fisher filed a demand for speedy...
Hewett v. State - 5/19/2000
MI-015C
A jury found Gene Hewett Jr. guilty under Count 1 of driving under the influence to the extent it was less safe for him to drive and guilty under Count 2 of driving a moving vehicle while his alcohol concentration was...
Haynes v. State - 5/18/2000
BA-033C
A jury convicted Cynthia Haynes of running a stop sign, driving with an open container of alcohol, and driving under the influence of alcohol. Haynes appeals the DUI conviction, arguing that the trial court erred in...
Deering v. State - 5/16/2000
Following a jury trial, William Barry Deering appeals his convictions for possession of a firearm by a convicted felon, driving under the influence, driving without a valid license, driving with an open container of alcohol, and...
Locklear v. State - 5/12/2000
SM-007C
A misdemeanor DUI sentence against David Leon Locklear was mistakenly entered and filed in the Superior Court of Barrow County. After the papers were filed, the court clerk forwarded Locklear's driver's license to the...
Fausnaugh v. State - 5/11/2000
MC-056C
Defendants Matthew S. Fausnaugh, who on April 2, 1998, and Robert B. Bell, who on October 15, 1998, were stopped separately while driving through Henry County and cited with various traffic offenses. The uniform traffic...
Vaughn v. State - 5/4/2000
P-007C
After a bench trial, Billy Vaughn was convicted of driving under the influence pursuant to OCGA § 40-6-391 (a) (1), driving while his license was suspended, and violating the open container law. He appeals, arguing that...
Peek v. State - 5/3/2000
070C
Christopher E. Peek was convicted of driving under the influence of alcohol, OCGA § 40-6-391 (a). Peek appealed to this court, and we affirmed his conviction in Peek v. State, 235 Ga. App. 693 (509 SE2d 358) (1998). ...
Miles v. Ahearn - 4/28/2000
Ru-036
Laura Tracy Ahearn was arrested for driving under the influence of alcohol. After she refused to take a breath test, the Department of Public Safety suspended her driver's license. Ahearn requested a hearing before an...
State v. Davis - 4/26/2000
MC-16C
In Uniform Traffic Citations filed as of December 11, 1997, defendant Brian Christopher Davis was charged with driving under the influence of alcohol in violation of OCGA § 40-6-391 and improper left turn in violation of...
Harper v. State - 4/26/2000
SM-006C
Chris Marion Harper was convicted of driving under the influence of alcohol. Following denial of his motion for new trial, he appeals. He claims that the trial court erred by not excluding evidence of his sobriety tests...
Thompson v. State - 4/21/2000
Ru-027
Rebecca Thompson was convicted of driving without insurance. She appeals, contending that the evidence was insufficient to support the conviction and that the trial court erred in charging the jury. Because the trial court...
Kersey v. State - 4/21/2000
Ru-018C
A jury found Teresa Marie Kersey guilty of driving under the influence, obstruction of a law enforcement officer, fleeing to elude a police officer, no proof of insurance, and failure to stop at a stop sign. Kersey...
State v. Corriher - 4/18/2000
BL-017C
The State appeals the trial court's order granting Ralph Sloan Corriher's motion to suppress the results of his breath test. The trial court determined that the officer who administered the Intoxilyzer test to Corriher...
Harridge v. State - 4/18/2000
JO-033C
Around midnight on May 17, 1998, twenty-year-old David Harridge was driving his pickup truck eastbound on Highway 96 in Houston County. At the same time and on the same highway, Phyllis Smith and her uncle, Tony Ray, were...
Miller v. State - 4/14/2000
JO-029C
The state accused Wilton Miller of being a habitual violator, making an illegal u-turn, driving without insurance, driving without proof of insurance, and driving with a revoked license. Miller denied the accusations and...
Cox v. State - 4/4/2000
BA-029C
Ralph Gilbert Cox pled guilty to driving under the influence, driving without insurance, and three counts of vehicular homicide. He was sentenced to 15 years for each of the homicide counts, or 45 years total, to serve 36...
Kinman v. State - 3/29/2000
SM-109C
Joseph B. Kinman was convicted of driving the wrong way on a one- way street and driving under the influence of alcohol. The trial court denied Kinman's motion for new trial and this appeal followed. Although Kinman...
State v. Coe - 3/29/2000
MI-85C
In this prosecution for multiple alternative counts of driving under the influence of alcohol or drugs, plus possession of less than one ounce of marijuana, the State Court of DeKalb County granted John H. Coe's motion to...
Hutchins v. State - 3/29/2000
MI-109C
Having pled guilty to driving under the influence, James Hutchins was sentenced to 12 months in the county jail, " rovided, that after the service of 180 days in confinement, the balance shall be probated." The sheriff...
Patterson v. Southeastern Newspapers - 3/29/2000
P-111
Generally, an employer is not liable for injuries caused by its employees during their commute to or from work, but may be liable where an employee is on a special mission at the direction of the employer. Mariko...
State v. Hanson - 3/27/2000
As amended April 13, 2000
BL-105C
The State appeals the trial court's grant of James Hanson and Deborah Sue Huddleston's motion to suppress evidence of marijuana found during a vehicle search following a traffic stop....
Cross v. State - 3/27/2000
The question for decision in this case is whether Ga. L. 1996, p. 627, which establishes two terms of court for the City Court of Atlanta, is unconstitutional because it violates equal protection. We hold that it is not.
Rebecca...
Clark v. State - 3/24/2000
Tiffney Latrice Clark and Dwon Anthony Johnson appeal from the judgment entered on the jury's verdict following their convictions of possession of marijuana with intent to distribute (both), possession of cocaine with intent to...
Georgia Dept. of Public Safety v. Schueman - 3/24/2000
Ru-121
After the Georgia Department of Public Safety refused to reinstate Kirk Schueman's driver's license, Schueman appealed to the superior court, which reversed the department's decision and ordered reinstatement upon the...
In re: M.C.J. - 3/17/2000
JOHNSON, C. J., SMITH AND BARNES, JJ.
In September 1997, the mother of then two-year-old M. C. J. and five-month-old R. A. J. petitioned the juvenile court to terminate the parental rights of the children's father, who is serving...
State v. Ruiz - 3/17/2000
BLACKBURN, P. J, ELDRIDGE and BARNES, JJ.
BL-006C
BLACKBURN, Presiding Judge.
The State appeals the trial court's grant of Juan Olivares Ruiz's motion to suppress approximately 40 kilograms of cocaine found in his car...
Griffin v. State - 3/17/2000
POPE, P. J., SMITH and MILLER, JJ.
MI-111C
Angela Michele Griffin was tried before a jury and found guilty of first degree vehicular homicide (Counts 1 and 2), serious injury by vehicle (Count 2), driving under the...
Mansfield v. Colwell Construction Company - 3/9/2000
SM-097
James Mansfield and Vicki Golden (collectively "Mansfield") as the natural parents of their deceased son, Shane Mansfield, brought a personal injury action against Colwell Construction Company ("Colwell"), the operator of...
Starling v. State - 3/9/2000
William Starling appeals his convictions for driving under the influence and weaving over the roadway. At the conclusion of the state's case, Starling moved for a directed verdict, claiming the state failed to prove the issue of venue...
Barnes v. Greater Georgia Life Insurance Company - 3/9/2000
JO-035
Leila Barnes sued Greater Georgia Life Insurance Company when it failed to pay accidental death benefits under her son's life insurance policy. Greater Georgia Life moved for summary judgment, contending accidental death...
Ellison v. State - 3/8/2000
POPE, P. J., SMITH and MILLER, JJ.
Based on a videotape and police testimony that he purchased cocaine from an undercover officer, Ronald Ellison was convicted of possession of cocaine. Testimony also indicated that he exhibited...
Peek v. State - 3/6/2000
Arrested and charged with driving under the influence of alcohol, Earl Peek agreed to submit to a state-administered blood test. His blood was drawn by Ha Bolia, a Southern Regional Medical Center employee. At trial, the State was...
Harding v. State - 3/6/2000
SECOND DIVISION
Sherrie G. Harding was convicted by a Putnam County jury of DUI by being in actual physical control of a moving vehicle while under the influence of alcohol to the extent that it was less safe for her to do so,...
George v. State - 3/2/2000
A jury found Gabriel George guilty of driving under the influence. George appeals, challenging evidentiary rulings and asserting that the trial court damaged his credibility with the jury. We have examined George's claims and...
Bolden v. State - 3/1/2000
Ru-086C
In Bolden v. State, the Supreme Court reversed the judgment of this Court in which we affirmed Bolden's conviction for driving under the influence. Accordingly, our judgment in this case is vacated, and the judgment of...
Gilmore v. State - 2/22/2000
After a bench trial in the Probate Court of Butts County, Charles M. Gilmore, Jr. was convicted of the offenses of failure to yield and DUI. The Superior Court of Butts County affirmed the convictions, and Gilmore appeals. He appeals...
Gallimore v. State - 2/15/2000
Following denial of his motion for new trial, Elvin Gallimore appeals his conviction of driving under the influence of alcohol to the extent that he was a less safe driver. Consistent with Georgia law, the trial court charged the jury...
Smith v. State - 2/14/2000
Before Charles Christopher Smith's trial for driving under the influence of alcohol and other related offenses, the State gave notice that it would present similar transaction evidence in testimony by two deputy sheriffs from Oregon....
O'Brien v. State - 2/11/2000
RU-090C
Siobhan Eileen O'Brien was convicted by an Atlanta City Court jury of driving under the influence of alcohol and improperly driving on a roadway laned for traffic. O'Brien appeals the order of the City Court denying her...
Burruss v. State - 2/3/2000
Defendant was indicted for one count of obtaining a controlled substance by fraud. By accusation, he was charged with driving after being declared a habitual violator, reckless driving, driving under the influence of alcohol to the...
Cullingham v. State - 2/2/2000
MI-108C
Following a bench trial, Sidney Cullingham was found guilty of driving with an unlawful blood alcohol level (Count 2) and driving under the influence of alcohol to the extent that it was less safe for him to drive (Count...
Moore v. State - 2/2/2000
JO-101C
A jury found James Moore guilty of burglary and theft by taking a motor vehicle. He appeals from the convictions, raising eight enumerations of error. Because none of the enumerations has merit, we affirm his convictions....
Goodson v. State - 2/1/2000
POPE, P. J., SMITH and MILLER, JJ.
After a bench trial, Frederick Don Goodson was convicted of DUI by being in actual physical control of a moving vehicle while under the influence of alcohol to the extent that it was less safe...
Goddard v. State - 2/1/2000
ANDREWS, P. J., RUFFIN and ELLINGTON, JJ.
David Anthony Goddard appeals from the judgment entered after a jury found him guilty of DUI. Goddard claims the evidence was insufficient to support the verdict and also that the trial...
Brice v. State - 2/1/2000
BLACKBURN, P. J, ELDRIDGE and BARNES, JJ.
Mary Margaret Brice appeals from her conviction of driving under the influence of alcohol to the extent she was a less safe driver. In this appeal, Brice contends the trial court erred by...
Keller v. State - 1/31/2000
This is an appeal from the trial court's denial of Gerald W. Keller's out-of-time appeal. From the record, we adduce the following:
On April 23, 1997, a Cherokee County jury convicted Keller of driving under the influence of...
Kelly v. State - 1/21/2000
Ru-094C
A jury found Jacqueline Kelly guilty of driving under the influence of alcohol to the extent that it was less safe for her to drive. On appeal, Kelly challenges the sufficiency of the evidence. Additionally, she contends...
Polke v. State - 1/20/2000
THIRD DIVISION
Alva Lee Polke was convicted of possession of cocaine with intent to distribute and possession of cocaine with intent to distribute within 1,000 feet of a housing project. He appeals, contending that the evidence...
State v. Gehris - 1/19/2000
Ru-085C
A DeKalb County police officer investigated a traffic accident involving Peter Gehris. After the DeKalb officer released Gehris, two Doraville police officers further detained him to investigate whether he had been...
Vanorsdall v. State - 1/19/2000
Ru-097C
Douglas Vanorsdall was convicted of driving under the influence of alcohol to the extent that it was less safe for him to drive. He appeals, challenging the sufficiency of the evidence and asserting numerous errors with...
Bolden v. State - 1/18/2000
After Stanley C. Bolden objected during closing argument to the solicitor's improper argument, the trial court overruled the objection and Bolden made no further objection. On appeal, the Court of Appeals of Georgia held that Bolden...
State v. Bloodsworth - 1/18/2000
El-114C
The State appeals the trial court's grant of defendant Joseph Heath Bloodsworth's motion for discharge and acquittal pursuant to OCGA § 17-7-170 (b). See OCGA § 5-7-1; State v. Benton, 246 Ga. 132 (269 SE2d 470) (1980)....
Yarbrough v. State - 1/11/2000
Joey Yarbrough was convicted of violation of duty upon striking a fixture, driving under the influence of alcohol to the extent it was less safe to drive, and driving while having an alcohol concentration of .10 grams or more. He...
Roberts v. State - 1/11/2000
SECOND DIVISION
After his motion to suppress was denied, Donald William Roberts stipulated to the evidence at a bench trial and was convicted of driving under the influence of alcohol, carrying a concealed weapon, driving with an...
Smith v. State - 1/10/2000
MC-006
Defendant entered guilty pleas to each of the charges in an indictment charging him with armed robbery, kidnapping, driving under the influence of alcohol or drugs to an extent that it was less safe for him to drive,...
Phillips v. State - 12/28/1999
BA-114C
Carmen Phillips appeals her sentence on her first DUI conviction, alleging the trial court erred by ruling that Georgia law required it to sentence her to 24 hours in jail. We affirm.
An accusation charged Phillips...
In re B.M.B. - 12/17/1999
BL-097
In separate appeals, both Janice and Eric Bowler appeal the juvenile court's order finding B. M. B., their one-year-old child, to be deprived and placing temporary custody of B. M. B. with the Cobb County Department of...
Jones v. State - 12/15/1999
EL-107C
Following a bench trial in Fulton County Traffic Court, Bruce F. Jones was found guilty of driving under the influence of alcohol ("DUI") - less safe driver. He appeals, raising one alleged error of law. Finding Jones'...
State v. Garnett - 12/6/1999
BA-085C
The State appeals from the trial court's order granting Gordon Garnett's motion to suppress evidence of his refusal to submit to a state-administered test of his blood. Because we find the trial court erroneously...
Parks v. McClung - 11/23/1999
As amended December 21, 1999. There is a change to the judgment line and a new dissent. No material change.
The issue for decision in these consolidated habeas corpus cases is whether the petitioners, Shelby L. Parks and Curtis...
Turner v. State - 11/22/1999
BLACKBURN, P. J., ELDRIDGE and BARNES, JJ.
EL-105C
ELDRIDGE, Judge.
Marty Leon Turner was indicted for homicide by vehicle with reckless driving and DUI - less safe driver - as the underlying offenses in support...
Hunter v. State - 11/19/1999
THIRD DIVISION
Richard Kimlin Hunter pled guilty to driving under the influence and a jury convicted him of the offenses of theft by taking and possession of marijuana. He now appeals contending that his defense counsel was...
Groce v. State - 11/18/1999
JO-112C
A jury found Jerry Groce guilty of felony obstruction of a police officer. Viewed in a light most favorable to support the jury's verdict, the evidence shows that the Columbus police department was contacted by sheriff's...
Zehner v. State - 11/17/1999
JOHNSON, C. J., McMURRAY, P. J., PHIPPS, J
JO-80C
JOHNSON, Chief Judge.
A jury found Rodney Zehner guilty of driving under the influence of alcohol. He appeals from the conviction entered on the verdict, contending...
McKinney v. State - 11/16/1999
POPE, P. J., SMITH AND ELDRIDGE, JJ.
Sm-061C
SMITH, Judge.
William Connors McKinney appeals from the order of the Gwinnett County Superior Court revoking the probation to which he was sentenced under the First...
Garmon v. State - 11/15/1999
We granted certiorari to the Court of Appeals to consider its determination in Garmon v. State, 235 Ga. App. 671 (510 SE2d 350) (1998), upholding the trial court's denial of Garmon's motion to suppress evidence used to convict him of...
Migliore v. State - 11/15/1999
THIS IS A SUBSTITUTE OPINION.
Michael Migliore appeals a civil in rem judgment forfeiting $40,867.47 and a safe seized in a car search.
On April 26, 1998, Migliore drove south on Interstate 95 accompanied by Jessica Tootle....
State v. Stearns - 11/4/1999
Police set up a roadblock north of a cluster of nightclubs and bars as they were closing. Only vehicles driving north were stopped. Stearns was charged with DUI as a result of evidence obtained by police after he was detained. Because...
Stafford v. State - 11/1/1999
The appellant, James Stafford, appeals from his convictions and sentences for the felony murder of Jami Carter, for the aggravated assault of Michael Barnett, and for driving with an unlawful blood alcohol level. On appeal, Stafford...
Threatt v. State - 11/1/1999
ANDREWS, Presiding Judge.
Theodore Threatt appeals from the judgment of conviction entered on jury verdicts finding him guilty of driving a vehicle while he was under the influence of alcohol (DUI) to the extent that he was a...
Strickland v. State - 11/1/1999
BL-097C
BLACKBURN, Presiding Judge.
Monte Ray Strickland appeals the trial court's denial of his motion in limine to suppress all evidence gathered against him in the underlying prosecution for DUI. Strickland contends that...
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