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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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GOODWIN v. STATE - 6/27/1996
Gregory D. Goodwin was convicted of driving under the influence and possessing an open container of an alcoholic beverage while operating a vehicle. He now appeals this judgment, enumerating three errors. Held: 1. In his first...

STATE v. HUNTER - 6/24/1996
Heather Ann Hunter was arrested and charged with driving under the influence of alcohol on November 11, 1994. After being read implied consent rights at the scene of the arrest, Hunter consented to a state administered test of her...

BLACK v. STATE - 6/18/1996
William Douglas Black was convicted of two counts of aggravated assault, two counts of interference with government property, driving while intoxicated, reckless driving, attempting to elude, no proof of insurance, and driving without...

DUMAS v. STATE - 6/17/1996
Appellant Jack Jerome Dumas appeals from his convictions for malice murder and driving under the influence of alcohol. We find that when the jury returned with the mutually exclusive verdicts of guilty as to charges of malice murder...

LIVINGSTON v. STATE - 6/4/1996
Ronnie Wayne Livingston appeals his conviction for DUI and obstruction of an officer. On November 12, 1994, Officer Alan Edward Smithwick of the Clayton County Police Department stopped Livingston after observing the...

STRICKLAND v. VAUGHN - 6/4/1996
Appellants Dexter and Vanessa Strickland brought this wrongful death action against Bobby Howard Wilson, Joel Gaines, a City of Hartwell police officer, and Kenneth Vaughn, the Sheriff of Hart County, Georgia. On April 7, 1989, the...

HICKS v. STATE - 6/4/1996
Keith J. Hicks was charged by accusation with driving under the influence, OCGA § 40-6-391 (a), and speeding, OCGA § 40-6-181. He appeals from the judgment of conviction and sentence. 1. Hicks asserts the general grounds. The...

MARTINEZ v. STATE - 5/21/1996
Defendant was charged in accusations with driving without proof of liability insurance, driving under the influence of alcohol, and failure to maintain lane. His blood alcohol level tested .132 grams percent on an Intoximeter 5000....

FUNDERBURK v. STATE - 5/15/1996
Funderburk was convicted on charges of driving while under the influence of alcohol to the extent that it was less safe for him to drive, OCGA § 40-6-391 (a) (1), and driving after he was declared a habitual violator and notified that...

MOONEY v. STATE - 5/14/1996
Defendant was tried before a jury on a multicount indictment and found guilty of two counts of obstruction of a law enforcement officer, and one count each of aggravated assault, speeding, attempting to elude, reckless driving, driving...

JONES v. STATE - 5/10/1996
A jury convicted defendant Willie Jay Jones of driving under the influence of alcohol in violation of OCGA § 40-6-390 (a) (1), (4), and of possessing an open alcoholic beverage container while operating a vehicle in violation of OCGA §...

HERRINGTON v. STATE - 5/9/1996
The State filed a complaint instituting in rem forfeiture proceedings pursuant to OCGA § 16-13-49 against a 1991 Chevrolet Silverado truck owned by David Herrington. The State instituted the proceedings after a May 1995 search of the...

CUNNINGHAM v. STATE - 5/8/1996
Robert Cunningham appeals his convictions of felony obstruction, simple battery, and driving under the influence. On July 25, 1993, Cunningham was pulled over by an Athens-Clarke County police officer for speeding. When asked for...

PITTS v. STATE - 5/7/1996
Defendants Terry Roberts and Aubrey Pitts were tried before a jury on an indictment which charges them, as well as co-defendant Stanley Davis, with possession of cocaine with intent to distribute. At trial, Deputy William Brad Todd of...

STATE v. CORBITT - 5/6/1996
Based upon a motorcycle accident that resulted in the death of Maurice Odom, Jr., Randall L. Corbitt, Jr., was indicted for several offenses arising from his operation of the motorcycle and three counts of homicide by vehicle in the...

HULSINGER v. STATE - 5/3/1996
Chester Hulsinger appeals the trial court's denial of his motion to suppress the results of an Intoximeter test on the ground that the arresting officer failed to provide an independent blood test under OCGA § 40-6-392 (a) (3). For...

STATE v. BOONE - 5/3/1996
On April 6, 1995, defendant was arrested for driving under the influence of alcohol. He was later charged in an accusation with driving under the influence of alcohol, underage possession of alcohol and reckless driving. The trial...

STYMEST v. STATE - 5/2/1996
On January 7, 1995, an officer stopped James Stymest for speeding. He was subsequently convicted of driving under the influence. Stymest filed a motion to suppress his Intoximeter test results on the ground that the implied consent...

DOOLEY v. STATE - 5/2/1996
Russell Hughes Dooley was arrested on August 26, 1994. He was charged with driving under the influence of alcohol and convicted by a jury. He appeals this conviction, alleging four errors. We disagree with Dooley's contentions, and...

AYERS v. CITY OF ATLANTA - 5/1/1996
John C. Ayers, Jr. was driving home from an Atlanta restaurant when a state trooper stopped him for a traffic violation after 11:00 p.m. on May 11, 1993. He failed roadside sobriety tests, registered .15 on the Intoximeter 3000, and...

STATE v. WRIGHT - 4/30/1996
This is an appeal by the State of the order of the trial court granting appellee Russell P. Wright's motion to dismiss. Appellee was issued a traffic citation for DUI. The trial court, citing State v. Golden, 210 Ga. App. 800...

DECASTRO v. STATE - 3/29/1996
Victor Fidel DeCastro was indicted by a DeKalb County grand jury on four counts of molesting his 13-year-old stepdaughter. A jury found him guilty of three of the four counts, and he appeals from the judgment of conviction and...

SHIPMAN v. STATE - 3/28/1996
A jury convicted Terrance Shipman of driving under the influence of alcohol to the extent that it was less safe for him to drive. On appeal, Shipman enumerates three errors. Viewed in a light most favorable to the jury's verdict...

STATE v. GOLUB - 3/25/1996
Appellee Joseph Golub, Jr. is charged with one count of DUI in violation of OCGA § 40-6-391 and one count of driving without headlight in violation of OCGA § 40-8-20. The State appeals the trial court's order granting appellee's motion...

MORRIS v. STATE - 3/13/1996
Robert Morris was convicted of aggravated assault and driving under the influence of alcohol in connection with an automobile collision. The evidence shows that Morris ran the victim's car off the road after she flashed her high beams...

SHELTER MUTUAL INSURANCE COMPANY v. BRYANT - 3/8/1996
These two cases arise from the same April 5, 1991 automobile collision, which happened when Kenneth Steven Wigley, who was traveling more than 70 mph in a 35 mph zone, passed another car on a curve, lost control, crossed the center...

WALSH v. STATE - 3/7/1996
Charles Walsh was convicted of driving under the influence (less safe driver) pursuant to OCGA § 40-6-391(a)(1) and acquitted of driving under the influence (alcohol concentration of .10 grams) pursuant to OCGA § 40-6-391(a)(4). For...

ROMANO v. STATE - 2/22/1996
At arraignment in the City Court of Atlanta on March 24, 1995, Romano entered a plea of guilty to a charge of driving under the influence. OCGA § 40-6-391. The court imposed a $700 fine and 12-month suspended period of confinement. ...

STEWART v. STATE - 2/21/1996
James Stewart was convicted of driving with an unlawful blood alcohol level and driving after being declared a habitual violator. At trial, Officer Tommy Harrison testified that he was at the scene of an automobile accident when...

STATE v. CANIDATE - 2/20/1996
The State appeals the trial court's granting of Driscoll Eldon Canidate's motion to suppress. The sole issue to be decided on appeal is whether the police officer had a reasonable suspicion of criminal conduct so as to justify the...

PARK v. STATE - 2/15/1996
James Park appeals his conviction of driving under the influence of alcohol and driving with an unlawful alcohol concentration. Park was found not guilty of failure to maintain lane. 1. In his first enumeration of error, Park...

MORGAN v. STATE - 2/13/1996
Cedric Morgan was charged by a Liberty County grand jury in two separate indictments with the possession of cocaine with intent to distribute and the sale of cocaine. OCGA § 16-13-30 (b). He was found guilty by a jury in November 1994...

STATE v. MARTIN - 2/12/1996
Michael Martin was stopped on September 10, 1994 and charged with driving under the influence. The trial court denied his motion in limine to suppress his breath test results and the Court of Appeals reversed, applying the April 1995...

STATE v. GOODMAN - 2/12/1996
Robert Scott Goodman was charged with driving under the influence, making an improper left turn and violating an open container ordinance. The State appeals the trial court's grant of Goodman's motion to suppress all evidence resulting...

WILKINS v. STATE - 2/12/1996
After an Atlanta police officer stopped Cynthia Wilkins for traffic violations and found her smelling of alcohol and unable to perform roadside sobriety tests up to par, her blood alcohol concentration level was determined to be .16...

SIMMONS v. STATE - 2/12/1996
Clarence Mickey Simmons was convicted of the malice murder of his ex-wife, Sara Simmons, and was sentenced to life imprisonment.[fn*] We affirm. After 11 years of marriage, Simmons and Sara divorced in September 1992. Their only...

KEEF v. STATE - 2/9/1996
Defendant was charged in an indictment with two counts of "SERIOUS INJURY BY VEHICLE," one count of "DRIVING UNDER THE INFLUENCE OF ALCOHOL AND DRUGS (O.C.G.A. 40-6-391)," namely amphetamine and methamphetamine, to the extent...

CWIEK v. STATE - 1/30/1996
A jury found Jeffrey Cwiek guilty of driving under the influence of alcohol to the extent it was less safe for him to drive, driving with a blood-alcohol concentration of .10 grams or higher, underage possession of alcohol and leaving...

SIEVEKING v. STATE - 1/26/1996
Sieveking appeals from his conviction and sentence on charges of driving under the influence of alcohol to the extent that it was less safe for him to drive, OCGA § 40-6-391 (a) (1), and making an illegal u-turn, OCGA § 40-6-121 (1). ...

HALL v. STATE - 1/19/1996
Antoniony Lenton Hall appeals from the judgment entered against him in his jury trial for homicide by vehicle in the first degree. We affirm. Viewed with all inferences in favor of the jury's verdict, the evidence was that on...

JONES v. STATE - 1/4/1996
An accusation was returned against Jones charging him with various counts of DUI in violation of OCGA § 40-6-391 (a) (1) [less safe to drive] and (a) (4) [unlawful blood-alcohol level], arising from incidents on April 3, April 14, and...

MORGAN v. STATE - 1/3/1996
Morgan appeals his convictions of driving under the influence of alcohol to the extent that it was less safe for him to drive (OCGA § 40-6-391 (a) (1)), failure to maintain lane (OCGA § 40-6-48), and driving left of center lane (OCGA §...

RINGO v. STATE - 1/3/1996
Robert Ringo appeals the trial court's denial of his motion for discharge and acquittal. Accusations were returned charging Ringo with speeding and driving under the influence of alcohol on January 21, 1994. On February 24, 1994, Ringo...

SALDONA v. STATE - 1/3/1996
Defendant Saldona appeals his conviction of the offense of harassing phone calls (OCGA § 16-11-39 (4)). Held: 1. The first enumeration of error maintains that the evidence is not sufficient to authorize defendant's conviction...

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