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Douglas County DUI/Hit and Run reversed by Georgia Court of Appeals

Reynolds v. State, A10A1234, Georgia Court of Appeals, DUI, HIt & Run, Sufficiency of the Evidence (September 10, 2010): A Douglas County jury found Carolyn Reynolds guilty of DUI and Hit and Run.  The Georgia of Court of Appeals reversed the conviction because the Douglas County Prosecutors did not present any evidence of anyone involved in a Hit and Run accident but only hearsay testimony of said wreck by the unidentified victim.

There was no evidence that Reynolds owned the vehicle, was authorized to drive it, or even had the keys to it. There was no evidence as to how long the Corolla at issue was on the side of the road and no evidence as to how the Corolla received its damage.  The mere fact that Reynolds was seen walking away from the Corolla at issue and reported stolen the car she had been driving is not enough to connect her to the Corolla found on the side of Interstate 20 or the wreck with the alleged unidentified victim.  The DUI failed for the same reason as there was no proof of driving or when driving.  The only evidence was that about an hour before she was determined to be DUI she was seen on the Interstate about 6 or 7 feet from a damaged Corolla.  There was no admissible evidence of when the Corolla was operated or how long it had been on the side of Interstate 20 in Douglas County.