Dobson v. State
| Decision Date | 16 July 1996 |
| Docket Number | No. A96A1241,A96A1241 |
| Citation | 474 S.E.2d 630,222 Ga.App. 331 |
| Parties | DOBSON v. The STATE. |
| Court | Georgia Court of Appeals |
Douglas G. Andrews, Savannah, for Appellant.
Spencer Lawton, Jr., Dist. Atty., Gregory M. McConnell, Asst. Dist. Atty., for Appellee.
A jury convicted Randal E. Dobson of two counts of first degree vehicular homicide, serious injury by vehicle, and driving with unlawful blood alcohol concentration. These counts merged into one count of first degree vehicular homicide and one count of serious injury by motor vehicle. Dobson appeals and we affirm.
Dobson asserts that the State produced insufficient evidence to support the jury's verdict and that the verdict is contrary to law and equity. In particular, Dobson argues that the State failed to produce any evidence showing that Dobson's act of driving while under the influence of alcohol proximately caused the fatal collision in which he was involved.
In May 1993, Dobson was driving east on Highway 80 near Tybee Island when he lost control of his vehicle and crossed the centerline. He collided with an oncoming vehicle driven by Cynthia Love, killing her and severely injuring her passenger. Although Dobson introduced evidence indicating that the collision may have resulted from a mechanical failure of his vehicle, the State's evidence showed that Dobson had been drinking prior to the collision. A beer bottle was found between Dobson's legs as he was being removed from his car, witnesses on the scene testified that Dobson's breath and his vehicle smelled of alcohol, and a blood sample taken approximately one hour and forty-five minutes after the collision showed that Dobson's blood-alcohol level was .11. There was conflicting testimony at trial as to whether Dobson exhibited any physical signs of intoxication or impairment. However, an expert witness for the state testified that 100 percent of human beings become physically impaired when their blood alcohol levels reach .08 or higher.
When considering the evidence submitted at trial, this court "determines only the legal sufficiency of the evidence adduced below and does not weigh the evidence or assess the credibility of the witnesses." Miller v. State, 208 Ga.App. 547(1), 430 S.E.2d 873 (1993). In previous vehicular homicide cases, we have upheld the jury's verdict even where the State's showing of proximate cause was based upon circumstantial evidence. In Mote v. State, 212 Ga.App. 551, 442 S.E.2d 799 (1994), this Court upheld the defendant's conviction of first degree vehicular homicide by less safe DUI,...
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