Georgia DUI Cases of Note


Clayton County DUI Jury Trial Appeal: If you don't win less safe, don't complain about the breath test

Friday, July 01, 2011

Riverdale, Clayton County DUI Jury Trial: Black v. State, A11A0242, June 14, 2011.

Eric Black was found guilty after a DUI jury trial in Clayton County State Court before Judge John C. Carbo. Black was arrested for DUI in Riverdale after being seen weaving, having an odor of alcohol, bloodshot and watery eyes, slurred speech, stumbling and unbalanced, failed field sobriety tests and registered positive on the alcosenor hand held preliminary breath screening device. Black appealed alleging that he did not received a supplement police report until the day of trial. The Clayton County Trial Court found that he supplemental report was the same as the initial report and there was no violation. The Georgia Court of Appeals found that it must accept the ruling because the initial report and police report were not proffered in the record for appeal. (This is a practice point always proffer documents like this in the record for appeal or attach them as exhibits to your motion for new trial.)  Black complained that the trial court's charge commented on the evidence in that it explained the difference between the alcosensor and the state administered breath test on the Intoxilyzer 5000. The Georgia Court of Appeals saw no error and stated is was a correct statement of law. (The problem with the charge actually seems to be that it seems to indicate that there is a numerical result which is not admissible and this would tend to make the jury assume the result was over 0.08 and shift the burdent to defendant to prove otherwise. It should also note that the alcosensor is only approved by the GBI as a preliminary breath screening device used to detect the presence or absence or alcohol in a person's breath.) Finally, Black argued that the results of the Intoxilyzer 5000 were improperly admitted and lacked foundation. The Court of Appeals found that because the trial court merged the breath test count into the less safe count any errors asto the breath test were voided and harmless error. 




    FacebookFacebook LinkedInLinkedIn UnknownGoogle RSSRSS Bookmark and Share


    George C. Creal, Jr. is a trial lawyer with 18 years of courtroom experience. He is one of only 6 Metro DUI lawyers with both an AV Preeminent rating from and a 10.0/10.0 Superb rating on  With over 100 not guilty jury verdicts under his belt, George knows how to convince a jury that the State has not proven his client guilty of DUI beyond a reasonable doubt.
    George Creal Attorney Profile

    The National Trial Lawyers





    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 arrests occurring in the State of Georgia. Individuals with DUI from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI. Copyright © 2014 George C. Creal, Jr. P.C.
    Protected by Copyscape Online Plagiarism Checker

     | DUI Alpharetta   |   DUI Athens   |   DUI Atlanta   | DUI Bibb County   

       DUI Conyers    |     DUI Coweta County   |   DUI Decatur   |   DUI DeKalb County 

     DUI Doraville   |   DUI Douglas   |   DUI Douglasville   |   DUI Duluth 

    Atlanta Office Address: 480 John Wesley Dobbs Ave.,  N.E., Unit 190, Atlanta, GA 30312 | Phone: (404) 491-8712

    In the words of Mark Twain, "Continuous Improvement is better than delayed perfection." If you find errors or deadlinks please email us at, we strive to do better.