Young v. State, S02A0224.

Citation565 S.E.2d 814,275 Ga. 309
Decision Date03 July 2002
Docket NumberNo. S02A0224.,S02A0224.
PartiesYOUNG v. The STATE.
CourtSupreme Court of Georgia

OPINION TEXT STARTS HERE

Clark & Towne, Wystan B. Getz, Lawrenceville, for appellant.

Gwendolyn R. Keyes, Solicitor-General, Theresa S. Starkes, Asst. Solicitor-General, for appellee.

HINES, Justice.

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 the reasons that follow, we affirm.

Construed to support the verdicts, the evidence showed that the arresting officer observed Young drive through a stop sign. Young's breath smelled of alcohol and the officer asked Young to get out of the car. Young staggered as he walked and performed poorly on field sobriety tests. The officer read Young the implied consent warning and requested that he take State-administered breath tests. Young's two tests showed alcohol concentrations of 0.142 and 0.144 grams, over the then-legal limit of 0.10 grams.

Young moved to suppress the results of the tests, and any testimony about them, challenging the constitutionality of OCGA § 40-5-67.1. The trial court denied Young's motions and after a jury trial, Young was convicted of driving under the influence of alcohol ("DUI") and failing to obey a stop sign.

1. Young contends that the implied consent warning contained within OCGA § 40-5-67.1 violates the equal protection clause of the Fourteenth Amendment to the U.S. Constitution and Art. I, Sec. I, Par. II of the Georgia Constitution because the statute discriminates against persons charged with DUI. Young argues that OCGA § 40-5-67.1 provides drivers with less information than that given to similarly situated boaters charged with operating a boat while intoxicated, see OCGA § 52-7-12.5, and to similarly situated hunters charged with hunting while intoxicated. See OCGA § 27-3-7. Under both OCGA §§ 52-7-12.5 and 27-3-7, persons of whom chemical testing is requested are informed that the results of those tests can be used against them at trial; OCGA § 40-5-67.1 does not so inform an automobile driver. This Court has rejected the argument that the implied consent warning of OCGA § 40-5-67.1 is constitutionally infirm because it does not give this information to drivers. See Lutz v. State, 274 Ga. 71, 72-73(1), 548 S.E.2d 323 (2001); Klink v. State, 272 Ga. 605, 606(1), 533 S.E.2d 92 (2000).

When evaluating an equal protection claim, the legislation is presumed to be valid, and the claimant must establish that he is similarly situated to members of a class of persons who are treated differently from him, and that there is no rational basis for such different treatment. Farley v. State, 272 Ga. 432, 433, 531 S.E.2d 100 (2000). However, "[c]riminal defendants are `similarly situated' for purposes of equal protection `only if they are charged with the same crime or crimes.' Woodard v. State, 269 Ga. 317, 321-322(3), 496 S.E.2d 896 (1998)." State v. Jackson, 271 Ga. 5, 515 S.E.2d 386 (1999). As a DUI defendant, Young is not similarly situated with those charged under OCGA § 52-7-12.5 or § 27-3-7.

2. The State introduced evidence of the results of the Intoxilyzer 5000 breath test. For such evidence to be admissible, the State must show that the testing machine "was operated with all its electronic and operating components ... properly attached and in good working order." OCGA § 40-6-392(a)(1)(A). Here, the State met this burden by introducing certificates of inspection of the Intoxilyzer machine used to obtain the breath tests. See OCGA § 40-6-392(f); Pak v. State, 234 Ga.App. 538, 539(2), 507 S.E.2d 166 (1998). The Intoxilyzer operator also testified that the machine was working properly at the time the tests were administered. See Gidey v. State, 228 Ga.App. 250, 251-252(1), 491 S.E.2d 406 (1997).

Nonetheless, Young contends that the trial court should have granted his motion to exclude any evidence of the test results, contending that the evidence showed the Intoxilyzer 5000 was not operating properly at the time of the tests. He bases this contention on evidence that: at 8:56 p.m., the arresting officer communicated by radio with his dispatcher that he had stopped Young; the video camera mounted on the officer's car showed 8:58 p.m. as the time of the stop; the...

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5 cases
  • Regan v. State
    • United States
    • Georgia Supreme Court
    • 2 Noviembre 2023
    ... ... State , 293 Ga. 511, 516 (2) (748 S.E.2d 426) (2013); ... Drew v. State , 285 Ga. 848, 850 (2) (684 S.E.2d 608) ... (2009); Hardin v. State , 277 Ga. 242, 243 (2) (587 ... S.E.2d 634) (2003); ... Young v. State , 275 Ga. 309, 309-310 (1) (565 S.E.2d ... 814) (2002); State v. Jackson , 271 Ga. 5, 5-6 (515 ... S.E.2d 386) (1999). Our analysis in these cases suggests ... that, as a general proposition or even as an absolute ... requirement, an appellant must have been ... ...
  • Scott v. State, S02A0054.
    • United States
    • Georgia Supreme Court
    • 3 Julio 2002
  • State v. Rackoff, A03A2455.
    • United States
    • Georgia Court of Appeals
    • 14 Noviembre 2003
    ...prescribed by its manufacturer properly attached and in good working order. Id.; OCGA § 40-6-392(f);1 see also Young v. State, 275 Ga. 309, 310(2), 565 S.E.2d 814 (2002); Pak v. State, 234 Ga.App. 538, 539(2), 507 S.E.2d 166 (1998); Tam v. State, 225 Ga.App. 101, 103(3), 483 S.E.2d 142 (199......
  • Yeary v. State
    • United States
    • Georgia Court of Appeals
    • 1 Marzo 2010
    ...the test, and the testimony of the operator that the machine was operating properly when the test was conducted. Young v. State, 275 Ga. 309, 310, 565 S.E.2d 814 (2002); OCGA § 40-6-392(a)(1)(A), (f). The machine produced test results showing that Yeary had an alcohol concentration of 0.179......
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