☢ test - Í

found beyond a reasonable doubt that Dorsey was driving under the influence of alcohol to the extent that it was less safe for him to drive.” Taylor v. State, 326 Ga.App. 27, 755 S.E.2d 839 (March 6, 2014). Evidence supported less safe-DUI conviction: officers noted odor of alcohol coming from defendant’s truck as he approached roadblock at 2:00 a.m. Defendant failed to pull over as directed; refused to blow into an Alco-Sensor; locked his door, rolled up his window, and refused to exit his vehicle, forcing officers to physically pull him out; struggled with officers to avoid being handcuffed; yelled at a lieutenant and refused to listen to him; and refused to take an implied consent breath test. This evidence “was more than sufficient to support his conviction.” Simmons v. State, 321 Ga.App. 743, 743 S.E.2d 434 (May 13, 2013). Evidence was sufficient to support conviction for DUI-less safe: “In addition to [victim] Faircloth's testimony that Simmons hit his truck four times, had slurred speech, smelled of alcohol, and sideswiped Faircloth's truck as he fled the scene, Officer Scurr testified that Simmons smelled of alcohol, could not maintain his balance, and had bloodshot, glassy eyes.” Hinton v. State, 319 Ga.App. 673, 738 S.E.2d 120 (February 5, 2013). Less-safe DUI conviction affirmed. “In light of the sergeant's testimony about the odor of alcohol on Hinton's breath, her refusal to submit to the Alcosensor breath test or to the State-administered breath test, and the open beer can in her vehicle that had partially spilled into the front cup holder, the trial court was authorized to reject the defense's theory that Hinton was under the influence of some unidentified medication rather than alcohol.” This notwithstanding officer’s concession on cross that defendant’s dilated pupils “can indicate that someone is under the influence of some type of drug, and he also conceded that there was a ‘50/50’ chance, based on Hinton's manifestations before her arrest, that she was under the influence of a medication rather than alcohol. But … there was evidence that Hinton did not simply have dilated pupils; most notably, her breath also smelled of alcohol. Furthermore, read in context, the sergeant's concession about the ‘50/50’ chance of Hinton being under the influence of a medication concerned her manifestations that the sergeant observed before her arrest. After her arrest, the sergeant's inventory search of her car revealed several cans of unopened beer, plus a can of opened beer that had spilled in the front cup holder, which, of course, provided additional evidence that Hinton was under the influence of alcohol rather than some unidentified medication.” Bennett v. State, 313 Ga.App. 465, 722 S.E.2d 94 (December 29, 2011). Evidence supported defendant’s DUI-less safe conviction. “As the officer asked Bennett for his license and insurance, he noticed the odor of alcohol coming from inside Bennett's vehicle which he believed to be some type of gin from the distinctive smell. The officer testified that Bennett's speech was slurred, he repeated himself and ‘his pupils were dilated and his eyes were red, bloodshot.’ Bennett told the officer that he had had a few drinks earlier that night. The officer had Bennett perform one field sobriety test, the horizontal gaze nystagmus test, which indicated that Bennett was under the influence. Bennett also submitted to an alcosensor test which registered positive for the presence of alcohol.” Fletcher v. State, 307 Ga.App. 131, 704 S.E.2d 222 (November 24, 2010). Convictions for vehicular homicide, DUI, and driving without license affirmed; evidence supported DUI conviction. “The evidence here showed that (1) Fletcher lost control of the vehicle he was driving and left the roadway, (2) Fletcher told a 911 operator after the accident that he was intoxicated, (3) there was an odor of alcohol inside the vehicle, (4) there was an odor of alcohol on Fletcher's person, and (5) Fletcher's eyes were dilated in a well-lit room. An officer testified that he believed Fletcher was under the influence of alcohol to the extent he was less safe. Although the officer did not conduct field sobriety tests due to Fletcher's injuries, the evidence was sufficient to sustain Fletcher's DUI less safe conviction.” Corbin v. State, 305 Ga.App. 768, 700 S.E.2d 868 (August 31, 2010). Evidence supported defendant’s conviction for less safe DUI: “Corbin's erratic driving in the crowded parking lot, his odd and belligerent behavior toward the other driver in the drive-thru line, the odor of alcohol on his breath and person, his watery and bloodshot eyes, his staggering on the sidewalk, his refusal to submit to the alco-sensor test, the field sobriety tests, and the state-administered breath test, and the open container in his truck were sufficient to show that alcohol impaired his ability to drive safely.” Wright v. State, 304 Ga.App. 651, 697 S.E.2d 296 (June 28, 2010). Evidence supported defendant’s convictions for vehicular homicide based on DUI: “Wright admitted that he took drugs in the time frame leading up to the collision, and lab tests confirmed the presence of methadone and alprazolam in his blood. Further, ‘this Court has ruled that the commission of a traffic violation can constitute evidence that a driver is impaired,’ (Punctuation omitted.) Yglesia v. State, 288 Ga.App. 217, 218 (653 S.E.2d 823) (2007), and there was uncontroverted evidence that Wright's vehicle had crossed

Made with FlippingBook Ebook Creator