Brooks v. State
| Decision Date | 18 May 1988 |
| Docket Number | No. 76171,76171 |
| Citation | 187 Ga.App. 194,369 S.E.2d 801 |
| Parties | BROOKS v. The STATE. |
| Court | Georgia Court of Appeals |
Joseph M. Winter, Atlanta, for appellant.
Ralph T. Bowden, Jr., Sol., Gregory A. Adams, Jr., Lee B. Perkins, N. Jackson Cotney, Jr., Asst. Solicitors, for appellee.
Appellant was tried before a jury on an accusation charging him with two counts of driving under the influence. Count One alleged a violation of subsection (a)(2) of OCGA § 40-6-391, which prohibits the act of driving or having physical control of a moving vehicle while "[u]nder the influence of any drug to a degree which renders [one] incapable of driving safely...." Count Two alleged a violation of subsection (a)(3) of OCGA § 40-6-391, which prohibits the same acts while "[u]nder the combined influence of alcohol and any drug to a degree which renders [one] incapable of driving safely...." The jury returned a verdict of guilty as to each count. Following the trial court's denial of his motion for new trial, appellant appeals from the judgments of conviction and sentence entered on the verdicts.
1. The general grounds are enumerated. Appellant urges that the State failed to introduce evidence which would authorize a finding that he was under the influence of anything other than alcohol.
However, there was probative testimony given by the arresting officer as a witness for the State to the effect that, based upon his specialized training and experience and his personal observations and knowledge, appellant had presented the appearance and conduct of one who was under the influence of drugs or a combination of drugs and alcohol, rather than one who was under the influence of alcohol alone. Appellant himself testified that he had had only one alcoholic drink. Yet, there was evidence that when appellant was stopped, his face was flushed, his eyes were "bugged wide open," he appeared to be "spaced out," he fumbled for his driver's license, he was unsteady on his feet, he had to balance himself on the side of the car, and he could not successfully complete the field tests. There was no explanation offered by appellant for his on-the-scene behavior and condition other than that he was tired and that the officer was mistaken in his assessment of the circumstances. After deliberately wiping white powder off his nose, nostrils, and moustache on the way to the police station, appellant refused to submit to either the blood or urine tests for determining alcohol or drug content, as had been requested by the officer, who had also explained the requirement to appellant and who had stated that he suspected cocaine usage. This refusal itself may be considered as positive evidence creating an inference that the test would show the presence of the prohibited substance. OCGA § 40-6-392 (c); Wessels v. State, 169 Ga.App. 246, 312 S.E.2d 361 (1983).
The evidence upon which the jury verdict was based is sufficient to sustain a finding that appellant was under the influence of drugs beyond a reasonable doubt. It meets the test articulated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. After giving curative instructions, the trial court denied appellant's motion for mistrial, which motion had asserted that certain remarks made by the State's counsel in his closing argument were improper.
Appellant...
To continue reading
Request your trial
-
MacMaster v. State
...consent law is admissible at trial. See Szopinski v. State , 342 Ga. App. 647, 650 (1), 804 S.E.2d 657 (2017) ; Brooks v. State , 187 Ga. App. 194, 195 (1), 369 S.E.2d 801 (1988). We discern no reason why the same rule in favor of admission should not apply in the context of a defendant's r......
-
Hammill v. State
...as positive evidence creating an inference that the test would show the presence of the prohibited substance.” Brooks v. State, 187 Ga.App. 194, 195(1), 369 S.E.2d 801 (1988). But the refusal to take such a test does not, “by itself,” support an inference of impairment. Baird v. State, 260 ......
-
Aldridge v. State
...methamphetamine or marijuana in Aldridge's system. See Rayburn v. State, 234 Ga.App. 482, 506 S.E.2d 876 (1998); Brooks v. State, 187 Ga.App. 194, 195(1), 369 S.E.2d 801 (1988). Further, if the jury inferred the presence of drugs in Aldridge's system, they were authorized to infer that he p......
-
Albert v. State
...v. State, 196 Ga.App. 627, 629(2), 396 S.E.2d 576 (1990); Bartnick v. State, 203 Ga.App. 369, 416 S.E.2d 739 (1992); Brooks v. State, 187 Ga.App. 194, 369 S.E.2d 801 (1988). The majority in Brinson simply stated that "this evidence, alone, is insufficient to sustain [a] conviction of drivin......