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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Porter v. State - 10/28/1999
JOHNSON, C. J., McMURRAY, P. J., PHIPPS, J.
Following the denial of his motion for new trial, Howard Porter appeals his conviction of possession of cocaine with intent to distribute. He contends that the trial court erred in...
Driver v. State - 10/22/1999
ANDREWS, P. J. RUFFIN and MILLER, JJ.
MC-068C
MILLER, Judge.
After witnessing Melanie Driver speed, run a red light, and weave out of her lane, an officer pulled her over and observed her watery, bloodshot eyes,...
Dester v. Dester - 10/19/1999
*PLEASE NOTE: THIS IS A SUBSTITUTE OPINION.
Linda Dester appeals the grant of summary judgment to her husband, Danny Dester, on the ground of inter-spousal tort immunity. Louis Jenkins Construction, Inc., ("Jenkins...
Benike v. State - 10/18/1999
Michael Alfred Benike appeals his conviction for possession of methamphetamine. In his sole enumeration of error, he contends the trial court erred in denying his motion to suppress. We disagree and affirm.
When an appellate...
Boyce v. State - 10/18/1999
After his conviction of the offenses of DUI and driving with a revoked license, Glenn Lee Boyce brings this appeal. In his sole enumeration of error, he contends that he was stopped at an illegal roadblock, and that the trial court...
Byrd v. State - 10/14/1999
A jury convicted James Byrd of driving under the influence of alcohol to the extent that he was a less safe driver. In his sole enumeration of error, Byrd argues the evidence was insufficient to support his conviction because there...
Kendrick v. State - 10/14/1999
Tommy Lee Kendrick, Jr. pleaded guilty to violating the Georgia Controlled Substances Act (unlawful possession of amphetamine) and driving under the influence. His three-year sentence was probated, subject to the general conditions,...
Starks v. State - 10/13/1999
Roosevelt Starks was indicted by a Barrow County Grand Jury on two counts of selling cocaine. After the denial of his motion to suppress evidence seized in a search of his home pursuant to a warrant, he was tried by a jury. At the...
Smith v. State - 10/12/1999
Jaime Ann Smith appeals the trial court's denial of her motion for discharge and acquittal for driving under the influence, striking a fixed object, and violating open container laws, contending that her right to a speedy trial was...
Casey v. State - 10/8/1999
Mc-098C
Defendant was tried before a jury and convicted of driving under the influence of alcohol.
Officer Christopher McGrath of the Gwinnett County Police Department testified that, after stopping defendant for speeding...
In re J.H. - 10/7/1999
Appellants Bridgett and Lamar Huff individually challenge the sufficiency of the evidence in the December 1997 termination of their parental rights to their son, J. H. Their motions for new trial were denied by the Cobb County Juvenile...
State v. Becker - 10/6/1999
A Tift County grand jury indicted John Becker for driving under the influence of drugs and vehicular homicide. The trial court granted Becker's motion to suppress the results of chemical tests performed on his blood and urine, finding...
Fiallo v. State - 10/6/1999
Juan Antonio Fiallo appeals from his conviction of possession of cocaine with intent to distribute, after a bench trial following denial of his motion to suppress the cocaine and his incriminating statement.
At issue is the...
Blanks v. State - 9/28/1999
BL-089
In this civil forfeiture action, Caritha Blanks appeals the trial court's order which forfeited her interest in her vehicle to the State pursuant to OCGA § 16-13-49. Blanks contends that the trial court erred (1) by...
Prindle v. State - 9/28/1999
JO-063C
The trial court, sitting without a jury, found William Prindle guilty of driving under the influence of alcohol and speeding. Prindle appeals, arguing that the prosecutions were time-barred, the officer who administered...
Patel v. State - 9/28/1999
BL-094C
Ramanbhal Patel appeals, following a jury trial, his conviction of driving under the influence to the extent of being a less safe driver. Patel contends the trial court erred in denying his motion for directed verdict,...
Maurer v. State - 9/24/1999
After a bench trial, Maurer was found guilty of DUI with an unlawful alcohol concentration and to the extent that it was less safe to drive, as well as following too closely. He appeals his convictions. Among other things, we are asked...
Hooker v. State - 9/23/1999
FIRST DIVISION
Defendant Hooker appeals from the Superior Court of Emanuel County's order denying his plea of former jeopardy. Pointing to OCGA § 16-1-7 (b), he contends that his misdemeanor convictions in the State Court of...
Hawkins v. State - 9/23/1999
FIRST DIVISION
Defendant was tried before the Probate Court of Butts County and convicted of driving under the influence of alcohol. He appealed to the Superior Court of Butts County which affirmed the Probate Court.
At...
Hudson v. State - 9/20/1999
Appellant Tommie Gene Hudson was convicted of the 1995 murder of David Sims and the aggravated assault of Hudson's fiancee, Tejuana Whitehead. Ms. Whitehead testified that, in the early months of 1995, while she was engaged to marry...
McSwain v. State - 9/15/1999
FIRST DIVISION
After stopping a vehicle driven by Dexter McSwain, police discovered cocaine in the trunk. McSwain and his three passengers, Antonio Stepps, Toriono Lawson, and Eric Easter, were arrested and charged with...
Clark v. State - 9/15/1999
SUBSTITUTE OPINION - only change is Court of Appeals cite is entered on bottom of page 1.
Decided: September 13, 1999
Two uniform traffic citations were issued against Clark and filed in the State Court of Cobb County...
Clark v. State - 9/13/1999
Two uniform traffic citations were issued against Clark and filed in the State Court of Cobb County during the May 1997 term of court. The state filed an accusation against Clark for the same charges during the July term of court....
Woods v. State - 9/13/1999
A jury convicted Pedro Woods and Christopher Grier of felony murder in connection with the death of Willie Moss. Both defendants claim that their attorneys at trial were ineffective and the evidence was insufficient to convict them of...
Horner v. State - 9/10/1999
EL-073C
A Fulton County jury found Robert Neal Horner guilty of two counts of driving under the influence of alcohol: less safe driver; and excessive blood alcohol concentration. OCGA § 40-6-391 (a) (1), (5). He appeals, raising...
Howden v. State - 9/9/1999
In the Court of Appeals of Georgia
Defendant Dwight Edward Howden was convicted, after a bench trial, of driving under the influence of alcohol. Defendant filed this appeal, challenging the trial court's order denying his motion...
Eberly v. State - 9/9/1999
In the Court of Appeals of Georgia
A Glynn County jury found John Paul Eberly guilty of driving under the influence of alcohol - less safe driver, and a violation of OCGA § 40-6-272 regarding his duty upon striking a fixed...
State v. Terry - 9/8/1999
The State appeals the grant of Cliff Alan Terry's motion to suppress the results of an Intoxilyzer test, contending that the trial court improperly found that Terry's vehicle was stopped by Officer Nancy McMann without articulable...
Redstrom v. State - 8/31/1999
On September 9, 1998, the solicitor for the State Court of Gwinnett County preferred accusations against defendant-appellant, charging him with driving under the influence of alcohol and speeding. On December 18, 1998, defendant made a...
Mitchell v. State - 8/30/1999
Randy ONeal Mitchell appeals from the judgment entered after a jury found him guilty of trafficking in cocaine. Mitchell argues the trial court erred in denying his motion to suppress the evidence seized at his house because the search...
Walker v. State - 8/27/1999
MC-046C
Defendant was tried at a bench trial and convicted of driving under the influence of a prescription drug to an extent that it was less safe for her to drive. This appeal followed. Held:
Defendant challenges the...
Yearwood v. State - 8/18/1999
In the Court of Appeals of Georgia
Shannon Yearwood appeals from his conviction of driving under the influence of alcohol. He claims the trial court erred in denying his motion to suppress evidence discovered after the illegal...
Lancaster v. State - 8/17/1999
In the Court of Appeals of Georgia
BA-042C
Philip Lancaster appeals from the following misdemeanor convictions: (1) driving under the influence while it was less safe for him to do so; (2) failure to maintain a lane; and...
Joiner v. State - 8/11/1999
This Court granted defendant Teresa Ann Joiner's application for interlocutory appeal from the denial of her motion to suppress blood alcohol test results. In her sole enumeration of error, the defendant contends that the trial court...
Puckett v. State - 8/11/1999
Steven Glenn Puckett appeals a Fayette County State Court's denial of his plea in bar. In addition, he challenges the trial court's denial of his motion to suppress the results of his breath test. We affirm the trial court's rulings. ...
Brown v. State - 8/5/1999
In the Court of Appeals of Georgia
JO-071C
Larry Brown was convicted of burglary, driving under the influence of alcohol and driving without insurance. He appeals, challenging only the sufficiency of evidence supporting the...
Smith v. State - 8/4/1999
In the Court of Appeals of Georgia
Sm-058C
Franklin D. Smith was charged by accusation with two counts of D.U.I. He was tried by a jury, which found him guilty as charged. He appeals, raising issues with regard to the...
State v. Long - 7/29/1999
In the Court of Appeals of Georgia
EL-063C
The State appeals from a Houston County State Court order granting Nathan Baxter Long's motion to suppress the results of his urine test which showed positive for the presence of...
Forshman v. State - 7/29/1999
In the Court of Appeals of Georgia
EL-057C
Carl A. Forsman appeals his convictions by a Fulton County Traffic Court jury for the following crimes: (1) DUI - less safe driver (OCGA § 40-6-391 (A) (1)); (2) two counts of...
State v. Marks - 7/29/1999
In the Court of Appeals of Georgia
EL-051C
The State appeals from a Cobb County State Court order granting Susan Marks' motion to suppress Marks' refusal to take a State-administered breath test.
At approximately 2:30...
State v. Blair - 7/28/1999
As a result of evidence seized during a traffic stop, Emanual Blair and his co-indictees were charged with possession of marijuana with intent to distribute and other offenses. The State appeals the trial court's grant of Blair's...
Parks v. State - 7/27/1999
Ru-058C
Gary Parks, who was charged with three traffic violations, appeals the trial court's denial of his motion for discharge and acquittal on speedy trial grounds. Finding no error, we affirm.
On October 17, 1997, Parks...
Lyons v. State - 7/26/1999
In the Court of Appeals of Georgia
MC-080C
On December 21, 1997, defendant was charged in uniform traffic citations with driving under the influence of alcohol in violation of OCGA § 40-6- 391 (a) (1) and with weaving over...
Enloe v. State - 7/22/1999
Following a bench trial, Patrick Enloe was convicted of driving under the influence of alcohol and failing to maintain a single lane. He appeals, challenging the sufficiency of the DUI evidence and the admission of similar transaction...
Cornell v. State - 7/14/1999
JO-077C
Scott Cornell appeals from his convictions of driving under the influence of alcohol and driving without headlights.
1. Cornell argues the trial court erred in limiting an expert witness' testimony regarding...
Strawser v. State - 7/14/1999
JO-053C
Charles Strawser was convicted of driving while under the influence of alcohol. He appeals, contending the trial court erred in denying his motion to suppress because there was no reasonable, articulable suspicion...
Adams v. State - 7/9/1999
MC-047C
Defendant was tried before a jury and found guilty of possessing marijuana with intent to distribute in violation of the Georgia Controlled Substances Act, possession of a firearm by a convicted felon, driving under the...
Marshall v. Whaley - 6/30/1999
Ba-008
Linda Marshall appeals the grant of summary judgment to Kenneth W. Whaley on her claims against him under the family purpose and negligent entrustment doctrines. After she was involved in an automobile accident with Thomas...
Hernandez v. State - 6/30/1999
Herminio Hernandez appeals his convictions of driving while under the influence of alcohol to the extent that it was less safe to drive, driving without a license, and driving without use of a safety belt.
DeKalb County police...
Lane v. State - 6/30/1999
Gary M. Lane, Sr., appeals his convictions for driving under the influence in violation of OCGA § 40-6-391 and weaving over the roadway in violation of OCGA § 40-6-390. Lane's initial enumeration of errors contended the jury was picked...
Rupert v. State - 6/29/1999
A jury found Curly Rupert guilty of aggravated assault in the shooting of Randy Mote. Rupert appeals, contending that the trial court erred in allowing the introduction of character evidence and improper impeachment evidence. For...
Taylor v. State - 6/29/1999
Randall Wade Taylor appeals the trial court's denial of his motion in autrefois convict and his motion to correct his sentence. For reasons that follow, we affirm in part and reverse in part.
The relevant facts follow. On...
Ledford v. State - 6/28/1999
WHOLE COURT
A Whitfield County jury found Jeffery Lynn Ledford guilty of intentional inhalation of paint fumes as proscribed by OCGA § 16-13-91. He appeals, challenging the sufficiency of the evidence.
The Whitfield County...
State v. McCabe - 6/24/1999
In the Court of Appeals of Georgia
BA-055C
The State appeals the trial court's refusal to retroactively apply an amendment to the implied consent statute (OCGA § 40-5-67.1) which eliminated the requirement that the...
Royal Insurance Co. v. Fisher - 6/22/1999
In the Court of Appeals of Georgia
BA-026
This case is a continuation of Barfield v. Royal Ins. Co. of America, 228 Ga. App. 841 (492 SE2d 688) (1997).
It is a declaratory judgment action by Royal Insurance Company of...
Turpin v. Helmeci - 6/14/1999
In the Supreme Court of Georgia
On February 27, 1997, Helmeci was convicted of second degree vehicular homicide, driving with a controlled substance in his urine, reckless driving, driving an unsafe and improperly equipped...
Bass v. State - 6/10/1999
In the Court of Appeals of Georgia
Carson Jackson Bass, Jr. appeals from denial of his motion for new trial after conviction of driving under the influence to the extent he was less safe to drive, contending that venue was not...
Bradley v. State - 6/9/1999
In the Court of Appeals of Georgia
BA-001C
In a bench trial, James Russell Bradley was convicted of driving under the influence of alcohol and failure to maintain lane. In his sole enumeration of error, Bradley contests the...
Wright v. State - 6/4/1999
ASE NOTE: WE FAILED TO SEND THIS OPINION TO YOU ON JUNE 4. WE APOLOGIZE FOR ANY INCONVENIENCE THIS DELAY MAY HAVE CAUSED.
Following a bench trial, Leif Wright was found guilty of driving under the influence of alcohol with a...
Love v. State - 6/1/1999
July 30, 1999 Substitute opinion - new division 3.
No substantive change.
Appellant Everette Bryan Love was stopped on I-85 in Gwinnett County for speeding at 11:30 p.m. on May 31, 1996. After approaching appellant's...
Butler v. Dawson County - 5/20/1999
In the Court of Appeals of Georgia
P-033
Jason John Butler sued Dawson County and Angela Alexander for injuries he received in an automobile collision. The County filed a motion to dismiss, arguing that Butler's suit...
Simpson v. State - 5/14/1999
In the Court of Appeals of Georgia
BA-017C
A jury found Clenard Simpson guilty of theft by taking, theft by receiving stolen property, giving a false name, possession of open container, license in revocation, and no proof...
Jernigan v. State - 5/11/1999
In the Court of Appeals of Georgia
Ru-003C
Janet Jernigan appeals the trial court's denial of her motion to dismiss for violation of her right to a speedy trial. Jernigan contends that the delay of over seventeen months...
In re C.N.H. - 5/11/1999
In the Court of Appeals of Georgia
JO-054
The mother of C. N. H., A. R. T. H., K. M. H., and J. E. H. appeals from a juvenile court order terminating her parental rights. She contends the trial court erred in determining...
Lanier v. State - 5/4/1999
In the Court of Appeals of Georgia
BL-011C
Steven A. Lanier appeals his convictions, following a jury trial, of driving after being declared a habitual violator and two counts of driving under the influence of alcohol. For...
Mulkey v. State. - 5/4/1999
In the Court of Appeals of Georgia
Glover Mulkey was convicted of driving under the influence, misdemeanor obstruction of an officer (three counts), and false swearing. He contends the court erred in failing to grant a mistrial...
Davis v. State - 5/4/1999
In the Court of Appeals of Georgia
JO-038C
Dewayne Davis was convicted of driving while under the influence of alcohol, obstruction of a law enforcement officer, and possession of an open container of alcohol while...
Davis v. State - 4/29/1999
In the Court of Appeals of Georgia
P-001C
Robert Trent Davis was convicted by a jury of driving under the influence of alcohol with a blood alcohol content exceeding 0.02 grams pursuant to OCGA § 40-6-391 (k). He appeals...
Horne v. State. - 4/29/1999
In the Court of Appeals of Georgia
BL-049C
Darrell Ray Horne appeals his conviction, following a jury trial, for driving under the influence of alcohol (OCGA § 40-6-391 (a) (1)) and driving with an unlawful alcohol...
Miller v. State - 4/28/1999
In the Court of Appeals of Georgia
JO-028C
Michael Miller was charged with driving under the influence of alcohol to the extent he was a less safe driver, OCGA § 40-6-391 (a) (1), and driving with an unlawful blood alcohol...
Burrie v. State - 4/28/1999
In the Court of Appeals of Georgia
BL-042C
Donald Lee Burrie appeals his conviction, following a jury trial, for driving under the influence of alcohol, contending that the trial court erred in denying his motion for a...
Visser v. State - 4/28/1999
In the Court of Appeals of Georgia
Ba-030C
Terry Visser appeals his convictions for possession of marijuana with intent to distribute, driving under the influence, driving with a prohibited substance, and possession of less...
State v. Day - 4/27/1999
In the Court of Appeals of Georgia
Charged with DUI, Harold Day successfully moved to suppress evidence obtained during his encounter with police. The State appeals, arguing (i) by the time the encounter progressed to a Terry...
State v. Moses - 4/27/1999
In the Court of Appeals of Georgia
After Mark Moses performed poorly on field sobriety tests, Officer Campbell placed him under arrest for DUI and read him the "Implied Consent Notice" set forth in OCGA § 40-5-67.1 (b). Officer...
Isaac v. State - 4/22/1999
McMURRAY, P. J.,
ANDREWS and RUFFIN, JJ.
In the Court of Appeals of Georgia
Ru-008C
Aundray Radell Isaac pled guilty to driving under the influence of alcohol, interfering with government property, making...
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