Georgia DUI Cases of Note

  

Johnson v. State - A13A0397 - Police video can be used against you but not the Police

Thursday, July 25, 2013

JOHNSON, JR. v. THE STATE, A13A0397, Court of Appeals of Georgia, July 3, 2013. William Holland Johnson, Jr. was found guilty of DUI by a Forsyth County Jury in the State Court of Forsyth County in Cumming, Georgia. He appealed arguing that the Horizontal Gaze Nystagmus (HGN) test should have been excluded, he was denied legal jury charges and post arrest statements should have been excluded.

The Court of Appeals held that the Officer testified he performed the HGN correctly on the witness stand and that was enough. If the video showed that he did not perform the HGN correctly that does not affect the admissibility of the HGN but simply the weight the jury can give to the testimony. The Court of Appeals held that the jury charge on HGN was correct as it indicated that factors other than alcohol can cause nystagmus and errors in administration of nystagmus can occur. Further, the failure to give the charge on the police ability to get a warrant in the event of a refusal to take the test was not error. Finally, the Court held that spontaneous comments made by the Defendant about how f%&%'d he was were not more prejudicial than probative even though they referenced his medical licensure  and not his guilt due to alcohol impairment as they were part of the res gestae of the arrest.



Tags

 

Archive




No legal advice should be obtained from the web site alone. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this web site is intended for use for DUI/DWIs occurring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI. Copyright © 2015 George C. Creal, Jr. P.C.
Protected by Copyscape Online Plagiarism Checker
George C. Creal Jr.
on Google+






Atlanta Office: 480 John Wesley Dobbs Ave., NE, Unit 190, Atlanta, GA 30312 Phone: (404) 333-0706