Augusta GA DUI Lawyer - Bond denied for man charged in vehicular homicide
By Amber Pittman at Covnew.com
Bond was denied for 29-year-old Johnny Otis Workman Tuesday morning, the man accused of killing an Oxford man during the fourth of July weekend.
Workman appeared before Judge Eugene Benton to request bond on charges of homicide by vehicle, DUI, driving on a suspended license, reckless driving, improper lane usage, no proof of insurance and attempting to elude an officer. Public defender Jennifer Arndt asked that Workman be released on bond from the Newton County Detention Center where he has been incarcerated since July 16.
According to Georgia State Patrol Trooper Brian Cuendet, moments before the accident occurred on July 5, a trooper had attempted to stop Workman on the Access Road. He stopped momentarily, but when the trooper began exiting his vehicle Workman allegedly sped off, traveling westbound. Roughly a mile down the road Workman reportedly lost control of his Pontiac Grand Prix and struck the motorcycle which was traveling in the opposite direction. Deputies responded to the area at Access Road and Old Oxford shortly after 3 a.m. David J. Nunnelley, 45, was pronounced dead at the scene.
Arndt said that Workman has ties to Newton County, with a home in the community and several children and a brother living in surrounding counties. He had been working in a management position at a local fast food restaurant when the accident occurred.
District Attorney Ken Wynne argued that Workman posed a flight risk, as well as a risk of committing future felonies and a threat to the community. According to Wynne, Workman has a fairly extensive criminal background, with charges ranging from DUI and speeding to a previous attempted homicide charge out of Florida. At the time of the deadly accident, Workman was out of jail on bond from a June incident where he was charged with possession of marijuana and driving on a suspended license.
Wynne also said that Workman listed his address as Eatonton not Covington; therefore he did not believe he had significant ties to the community.
Benton found that Workman did pose a threat to the community as well as a flight risk and denied bond.
Augusta GA DUI Lawyer Criminal Defense Attorney
Drug charges, assault, homicide, murder, speeding, no insurance, battery, aggravated assault, child molestation, sex crimes, rape, premeditated murder, larceny theft, child porn, robbery, burglary, fraud, embezzlement, military offenses, and other Crimes in Georgia.
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Belisario pleads not guilty to DUI - DUI Lawyers Plan to Fight
Belisario pleads not guilty to DUI
Pretrial hearing set for October for Dodgers reliever
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By Alden Gonzalez / MLB.com
08/27/09 2:21 PM ET
Dodgers reliever Ronald Belisario pleaded not guilty Thursday to misdemeanor drunken driving charges in Pasadena, Calif., according to The Associated Press.
Belisario was with the Dodgers in Denver as they got set to take on the Rockies on Thursday afternoon. His attorney entered the plea at his arraignment and a pretrial hearing was scheduled for October.
Belisario was arrested on suspicion of driving under the influence of alcohol early on June 27, as California Highway Patrol officers initially pulled him over because they said they saw him talking on his cell phone while driving. He was then released on $5,000 bail.
A native of Venezuela, Belisario sports a 2.30 ERA in 51 games during his rookie season. The 26-year-old right-hander was signed as an amateur free agent by the Marlins in 1999 and spent six seasons in the Minors before making his Major League debut earlier this year.
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Pretrial hearing set for October for Dodgers reliever
fan comments (7)print this pagee-mail this pagepost on facebook
By Alden Gonzalez / MLB.com
08/27/09 2:21 PM ET
Dodgers reliever Ronald Belisario pleaded not guilty Thursday to misdemeanor drunken driving charges in Pasadena, Calif., according to The Associated Press.
Belisario was with the Dodgers in Denver as they got set to take on the Rockies on Thursday afternoon. His attorney entered the plea at his arraignment and a pretrial hearing was scheduled for October.
Belisario was arrested on suspicion of driving under the influence of alcohol early on June 27, as California Highway Patrol officers initially pulled him over because they said they saw him talking on his cell phone while driving. He was then released on $5,000 bail.
A native of Venezuela, Belisario sports a 2.30 ERA in 51 games during his rookie season. The 26-year-old right-hander was signed as an amateur free agent by the Marlins in 1999 and spent six seasons in the Minors before making his Major League debut earlier this year.
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Augusta GA DUI Lawyer Criminal Defense Attorney
Drug charges, assault, homicide, murder, speeding, no insurance, battery, aggravated assault, child molestation, sex crimes, rape, premeditated murder, larceny theft, child porn, robbery, burglary, fraud, embezzlement, military offenses, and other Crimes in Georgia.
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Gillispie's DUI charge doesn't bode well for future - Augusta GA Dui Lawyer
Gillispie's DUI charge doesn't bode well for future
Thursday, August 27, 2009
ESPN
Billy Gillispie still had a chance to get another head-coaching gig in 2010.
The lawsuit against Kentucky was sensational and certainly could be perceived as a negative when candidates were compared.
Suing your former employer isn't exactly going to put one candidate ahead of another when there is a close call for a job. But contractual rifts can occur, even if this one seemed to be a bit extreme: Kentucky fired him thinking it wouldn't have to pay his $6 million salary, but Gillispie felt he deserved the money even though he never formally signed his long-term contract and was basing his case on an internal memorandum.
Despite all that, he could've survived.
What likely has forced Gillispie to the assistant route before landing another job as a head coach was his arrest early Thursday morning on a charge of driving under the influence. Coaches who get fired find it incredibly difficult to be recycled in the next coaching carousel. Most have to become assistant coaches again to find their footing before proving themselves worthy of head-coaching positions again.
But Gillispie was coming from Kentucky, one of the premier jobs in the country. He was a proven success in his brief tenures at UTEP and Texas A&M, where he had done a marvelous job of turning each into a legit program. The Kentucky gig didn't go as well on the court in his second season in Lexington, but the recruiting wasn't the issue.
Let's remember that Gillispie beat out Florida's Billy Donovan and Duke's Mike Krzyzewski to get Patrick Patterson, who may well be the SEC Player of the Year this season for new Wildcats coach John Calipari. Gillispie is also the one who secured Daniel Orton, a big-time get who should flourish under Calipari this season.
But the DUI charge is the clincher for Gillispie. This is not the first time he has faced such a charge. He was arrested in 1999 on charges of driving while intoxicated and use of an improper lane in Tulsa, Okla. He pleaded guilty to reckless driving, and the other charges were dropped.
In 2003, when he was the head coach at UTEP, Gillispie was arrested again, this time on suspicion of drunken driving. The charges were later dropped because of a lack of evidence that his blood-alcohol level was above the legal limit.
The damage has been done with Thursday's arrest.
Continued at http://sports.espn.go.com/espn/blog/index?entryID=4426963&name=katz_andy
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Augusta GA DUI Lawyer Criminal Defense Attorney
Drug charges, assault, homicide, murder, speeding, no insurance, battery, aggravated assault, child molestation, sex crimes, rape, premeditated murder, larceny theft, child porn, robbery, burglary, fraud, embezzlement, military offenses, and other Crimes in Georgia.
Drunk driving defense lawyer Augusta GA - Evans GA and Criminal Attorney in Richmond & Columbia County.
Thursday, August 27, 2009
ESPN
Billy Gillispie still had a chance to get another head-coaching gig in 2010.
The lawsuit against Kentucky was sensational and certainly could be perceived as a negative when candidates were compared.
Suing your former employer isn't exactly going to put one candidate ahead of another when there is a close call for a job. But contractual rifts can occur, even if this one seemed to be a bit extreme: Kentucky fired him thinking it wouldn't have to pay his $6 million salary, but Gillispie felt he deserved the money even though he never formally signed his long-term contract and was basing his case on an internal memorandum.
Despite all that, he could've survived.
What likely has forced Gillispie to the assistant route before landing another job as a head coach was his arrest early Thursday morning on a charge of driving under the influence. Coaches who get fired find it incredibly difficult to be recycled in the next coaching carousel. Most have to become assistant coaches again to find their footing before proving themselves worthy of head-coaching positions again.
But Gillispie was coming from Kentucky, one of the premier jobs in the country. He was a proven success in his brief tenures at UTEP and Texas A&M, where he had done a marvelous job of turning each into a legit program. The Kentucky gig didn't go as well on the court in his second season in Lexington, but the recruiting wasn't the issue.
Let's remember that Gillispie beat out Florida's Billy Donovan and Duke's Mike Krzyzewski to get Patrick Patterson, who may well be the SEC Player of the Year this season for new Wildcats coach John Calipari. Gillispie is also the one who secured Daniel Orton, a big-time get who should flourish under Calipari this season.
But the DUI charge is the clincher for Gillispie. This is not the first time he has faced such a charge. He was arrested in 1999 on charges of driving while intoxicated and use of an improper lane in Tulsa, Okla. He pleaded guilty to reckless driving, and the other charges were dropped.
In 2003, when he was the head coach at UTEP, Gillispie was arrested again, this time on suspicion of drunken driving. The charges were later dropped because of a lack of evidence that his blood-alcohol level was above the legal limit.
The damage has been done with Thursday's arrest.
Continued at http://sports.espn.go.com/espn/blog/index?entryID=4426963&name=katz_andy
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Augusta GA DUI Lawyer Criminal Defense Attorney
Drug charges, assault, homicide, murder, speeding, no insurance, battery, aggravated assault, child molestation, sex crimes, rape, premeditated murder, larceny theft, child porn, robbery, burglary, fraud, embezzlement, military offenses, and other Crimes in Georgia.
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Probation Services in a GA DUI Case
CHAPTER 503 COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL
Chapter 503-1 PROBATION SERVICES
503-1-.19 Exclusions.
(a) The following persons may not own, operate, direct, or serve as an employee or agent of a probation entity:
1. Any employee of the council, or any spouse thereof;
2. Any person for whom owning, operating, directing or serving as an employee or agent would pose an actual, potential, or apparent conflict of interest due to the existence of a fiduciary, business or personal relationship with any probationer or due to the existence of any other relationship that would place the owner, operator, employee or agent in a position to exert undue influence, exploit, take undue advantage of or breach the confidentiality of any probationer. Further, no judge, public probation officer or employee, employee of a court in this state, or any spouse thereof, to the extent services are to be provided within the same jurisdiction served by the judge, public probation officer, or court employee may own, operate, direct or serve as an employee or agent of a private probation entity;
3. Any person who has been convicted of a felony offense; or
4. Any person convicted of a domestic violence offense.
(b) Any owner, operator, director, employee or agent shall not own, operate, or have any interest in any finance business or lending institution which makes loans to probationers under its supervision.
(c) Any owner, operator, director, employee or agent shall not own, operate, or have any financial interest in, be an instructor, or be employed by any private entity which provides drug or alcohol education services or offers DUI Alcohol or Drug Use Risk Reduction Programs certified by the Department of Human Resources.
(d) Any owner, operator, director, employee or agent shall not specify, directly or indirectly, a particular alcohol or drug education program which a probationer may or shall attend. Upon request, probationers may be provided with the names of DUI Alcohol or Drug Use Risk Reduction Programs certified by the Department of Human Resources.
(e) Any owner, operator, director, employee or agent shall not own, operate, or have any financial interest in any private entity which provides ignition interlock services or shall not directly or indirectly refer probationers to specific ignition interlock service providers. This shall not prohibit furnishing probationers with the names and locations of all ignition interlock providers certified by the Department of Public Safety.
Authority O.C.G.A. Secs. 42-8-104, 42-8-114. History. Original Rule entitled "Exclusions" adopted. F. Jan. 17, 2001; eff. Feb. 6, 2001. Repealed: New Rule of same title adopted. F. Jan. 25, 2005; eff. Feb. 14, 2005. Repealed: New Rule of same title adopted. F. July 21, 2006; eff. Aug. 10, 2006. Repealed: New Rule of same title adopted. F. Nov. 30, 2007; eff. Dec. 20, 2007.
Augusta GA DUI Lawyer Criminal Defense Attorney
Drug charges, assault, homicide, murder, speeding, no insurance, battery, aggravated assault, child molestation, sex crimes, rape, premeditated murder, larceny theft, child porn, robbery, burglary, fraud, embezzlement, military offenses, and other Crimes in Georgia.
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Chapter 503-1 PROBATION SERVICES
503-1-.19 Exclusions.
(a) The following persons may not own, operate, direct, or serve as an employee or agent of a probation entity:
1. Any employee of the council, or any spouse thereof;
2. Any person for whom owning, operating, directing or serving as an employee or agent would pose an actual, potential, or apparent conflict of interest due to the existence of a fiduciary, business or personal relationship with any probationer or due to the existence of any other relationship that would place the owner, operator, employee or agent in a position to exert undue influence, exploit, take undue advantage of or breach the confidentiality of any probationer. Further, no judge, public probation officer or employee, employee of a court in this state, or any spouse thereof, to the extent services are to be provided within the same jurisdiction served by the judge, public probation officer, or court employee may own, operate, direct or serve as an employee or agent of a private probation entity;
3. Any person who has been convicted of a felony offense; or
4. Any person convicted of a domestic violence offense.
(b) Any owner, operator, director, employee or agent shall not own, operate, or have any interest in any finance business or lending institution which makes loans to probationers under its supervision.
(c) Any owner, operator, director, employee or agent shall not own, operate, or have any financial interest in, be an instructor, or be employed by any private entity which provides drug or alcohol education services or offers DUI Alcohol or Drug Use Risk Reduction Programs certified by the Department of Human Resources.
(d) Any owner, operator, director, employee or agent shall not specify, directly or indirectly, a particular alcohol or drug education program which a probationer may or shall attend. Upon request, probationers may be provided with the names of DUI Alcohol or Drug Use Risk Reduction Programs certified by the Department of Human Resources.
(e) Any owner, operator, director, employee or agent shall not own, operate, or have any financial interest in any private entity which provides ignition interlock services or shall not directly or indirectly refer probationers to specific ignition interlock service providers. This shall not prohibit furnishing probationers with the names and locations of all ignition interlock providers certified by the Department of Public Safety.
Authority O.C.G.A. Secs. 42-8-104, 42-8-114. History. Original Rule entitled "Exclusions" adopted. F. Jan. 17, 2001; eff. Feb. 6, 2001. Repealed: New Rule of same title adopted. F. Jan. 25, 2005; eff. Feb. 14, 2005. Repealed: New Rule of same title adopted. F. July 21, 2006; eff. Aug. 10, 2006. Repealed: New Rule of same title adopted. F. Nov. 30, 2007; eff. Dec. 20, 2007.
Augusta GA DUI Lawyer Criminal Defense Attorney
Drug charges, assault, homicide, murder, speeding, no insurance, battery, aggravated assault, child molestation, sex crimes, rape, premeditated murder, larceny theft, child porn, robbery, burglary, fraud, embezzlement, military offenses, and other Crimes in Georgia.
Drunk driving defense lawyer Augusta GA - Evans GA and Criminal Attorney in Richmond & Columbia County.
DUI Lawyer in Richmond County GA - Augusta DUI Attorney - THE STATE v. BURKE
THE STATE
v.
BURKE.
A09A0375.
Court of Appeals of Georgia.
June 30, 2009
SMITH, Presiding Judge.
The State appeals from the grant of Michael M. Burke's motion to suppress evidence gathered following the stop of his vehicle and subsequent arrest for DUI -- less safe (OCGA § 40-6-391 (a) (1)). The trial court ruled that there was insufficient evidence of impairment and no testimony to suggest that Burke was a less safe driver. For the following reasons, we reverse.
"Where, as here, the salient facts relating to the traffic stop are undisputed and no question regarding the credibility of witnesses is presented, the trial court's application of the law to the undisputed facts is subject to de novo appellate review." Frederick v. State, 270 Ga. App. 397, 397-398 (606 SE2d 615) (2004), citing Vansant v. State, 264 Ga. 319, 320 (1) (443 SE2d 474) (1994).(fn1)
The evidence shows that the arresting officer encountered Burke at 10:26 p.m., when he observed that the license plate on Burke's vehicle had expired. The officer stopped Burke and asked to see his license and insurance. He noticed that Burke's eyes were bloodshot and watery and he smelled a "very strong odor of alcoholic beverage" coming from inside the vehicle. The officer asked Burke to step to the rear of the vehicle. Burke complied and the officer noticed that he was unsteady on his feet. He explained that Burke had to hold on to the door as he exited the vehicle and had to lean against the vehicle as he walked to the rear. The officer also noticed a "very strong odor of alcoholic beverage coming from his breath outside the vehicle." At the officer's request, Burke agreed to take an alco-sensor test, which registered positive for alcohol. The officer testified that he then arrested Burke because he believed Burke was under the influence of alcohol to the extent he was less safe. Burke was transported to jail where he refused to provide breath samples for the Intoxilyzer 5000. No evidence was presented at the hearing that contradicted any of these facts.
Following the hearing on the motion to suppress, the trial court ruled that:
this case does not present other sufficient evidence of the Defendant's intoxication other tha[n] the alco-sensor test . . . Based upon the testimony presented, the Court finds that there was no indication of any driving impairment on the part of the Defendant. The Trooper merely testified to odor of alcohol, appearance of the Defendant's eyes and the Defendant being unsteady upon exiting the vehicle. There was insufficient evidence regarding the Defendant's appearance and demeanor to support a finding of impairment. Additionally, the Court finds that there was no testimony to suggest that the Defendant was a less safe driver.
"The test of probable cause requires merely a probability -- less than a certainty but more than a mere suspicion or possibility." (Citation omitted.) Frederick, supra, 270 Ga. App. at 398. Moreover, "[t]o arrest a suspect for driving under the influence, an officer need only have knowledge or reasonably trustworthy information that the suspect was actually in physical control of a moving vehicle, while under the influence of alcohol to a degree which renders him incapable of driving safely." (Footnote, citation and punctuation omitted.) State v. Sledge, 264 Ga. App. 612, 614 (591 SE2d 479) (2003).
We hold that the trial court erred here in two respects. First, the court found, apparently as a matter of law, that the odor of alcohol, bloodshot and watery eyes, and unsteadiness cannot support a finding of impairment. To the contrary, this court has held that similar evidence was sufficient to support such a finding. In Cann-Hanson v. State, 223 Ga. App. 690 (478 SE2d 460) (1996), this court noted that "[e]ven in the absence of the field sobriety tests, the officer's observation that Cann-Hanson had bloodshot, watery eyes and exuded an odor of alcohol was sufficient to show probable cause to arrest him for driving under the influence." Id. at 691 (1). Similarly, in Frederick, supra, 270 Ga. App. at 398, the defendant admitted that he had been drinking, and the officer smelled a strong odor of alcohol on the defendant's person and observed that the defendant's eyes were glassy. Id. We held that the arresting officer had probable cause to arrest for less safe DUI. Id.
We have previously held that either the presence or odor of alcohol on a driver's breath, or a positive alco-sensor result, would not alone support an inference that the driver was impaired. Handley v. State, 294 Ga. App. 236, 238 (668 SE2d 855) (2008). But under the combination of circumstances here, the evidence, including the officer's observation that Burke was unsteady on his feet, had bloodshot and watery eyes, exuded a strong odor of alcohol, and tested positive on the alco-sensor test, was sufficient to support a finding of impairment. See Cann-Hanson, supra; Frederick, supra.
We also disagree with the trial court's conclusion that there was "no testimony to suggest that the Defendant was a less safe driver." In addition to evidence presented of Burke's appearance, the officer testified that based on his observations and experience, he was of the opinion that Burke was a less safe driver. See Duren v. State, 252 Ga. App. 257, 260 (555 SE2d 913) (2001) (officer's testimony that defendant was less safe constitutes evidence). And "the state was not required to prove that he committed an unsafe act in order to show it was less safe for him to operate the [vehicle]."(Footnote, citations and punctuation omitted.) Bowling v State, 275 Ga. App. 45, 48 (619 SE2d 688) (2005).
Burke contends that pursuant to Sanders, supra, this court is required to affirm the grant of his motion to suppress. But that case is distinguishable. In Sanders, the evidence showed that the officer improperly administered a field sobriety test; "that it had `been awhile' since he had administered the test; and that Sanders was cooperative, did not have trouble exiting his vehicle, and did not have slurred speech." Sanders, supra, 274 Ga. App. at 396-397. The trial court then concluded that there was "no affirmative testimony or evidence that Sanders was impaired." Id. at 394.
Here, the trial court concluded that, as a matter of law, the evidence presented by the officer was insufficient to establish that Burke was less safe. The court clearly accepted the facts as presented by the officer, but ignored the officer's testimony that Burke was under the influence of alcohol to the extent he was a less safe driver.
The trial court erred in granting Burke's motion to suppress.
Judgment reversed.
Phipps and Bernes, JJ., concur.Augusta GA DUI Lawyer - Evans Georgia Criminal Defense Attorney
Drug charges, assault, homicide, murder, speeding, no insurance, battery, aggravated assault, child molestation, sex crimes, rape, premeditated murder, larceny theft, child porn, robbery, burglary, fraud, embezzlement, military offenses, and other Crimes in Georgia.
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v.
BURKE.
A09A0375.
Court of Appeals of Georgia.
June 30, 2009
SMITH, Presiding Judge.
The State appeals from the grant of Michael M. Burke's motion to suppress evidence gathered following the stop of his vehicle and subsequent arrest for DUI -- less safe (OCGA § 40-6-391 (a) (1)). The trial court ruled that there was insufficient evidence of impairment and no testimony to suggest that Burke was a less safe driver. For the following reasons, we reverse.
"Where, as here, the salient facts relating to the traffic stop are undisputed and no question regarding the credibility of witnesses is presented, the trial court's application of the law to the undisputed facts is subject to de novo appellate review." Frederick v. State, 270 Ga. App. 397, 397-398 (606 SE2d 615) (2004), citing Vansant v. State, 264 Ga. 319, 320 (1) (443 SE2d 474) (1994).(fn1)
The evidence shows that the arresting officer encountered Burke at 10:26 p.m., when he observed that the license plate on Burke's vehicle had expired. The officer stopped Burke and asked to see his license and insurance. He noticed that Burke's eyes were bloodshot and watery and he smelled a "very strong odor of alcoholic beverage" coming from inside the vehicle. The officer asked Burke to step to the rear of the vehicle. Burke complied and the officer noticed that he was unsteady on his feet. He explained that Burke had to hold on to the door as he exited the vehicle and had to lean against the vehicle as he walked to the rear. The officer also noticed a "very strong odor of alcoholic beverage coming from his breath outside the vehicle." At the officer's request, Burke agreed to take an alco-sensor test, which registered positive for alcohol. The officer testified that he then arrested Burke because he believed Burke was under the influence of alcohol to the extent he was less safe. Burke was transported to jail where he refused to provide breath samples for the Intoxilyzer 5000. No evidence was presented at the hearing that contradicted any of these facts.
Following the hearing on the motion to suppress, the trial court ruled that:
this case does not present other sufficient evidence of the Defendant's intoxication other tha[n] the alco-sensor test . . . Based upon the testimony presented, the Court finds that there was no indication of any driving impairment on the part of the Defendant. The Trooper merely testified to odor of alcohol, appearance of the Defendant's eyes and the Defendant being unsteady upon exiting the vehicle. There was insufficient evidence regarding the Defendant's appearance and demeanor to support a finding of impairment. Additionally, the Court finds that there was no testimony to suggest that the Defendant was a less safe driver.
"The test of probable cause requires merely a probability -- less than a certainty but more than a mere suspicion or possibility." (Citation omitted.) Frederick, supra, 270 Ga. App. at 398. Moreover, "[t]o arrest a suspect for driving under the influence, an officer need only have knowledge or reasonably trustworthy information that the suspect was actually in physical control of a moving vehicle, while under the influence of alcohol to a degree which renders him incapable of driving safely." (Footnote, citation and punctuation omitted.) State v. Sledge, 264 Ga. App. 612, 614 (591 SE2d 479) (2003).
We hold that the trial court erred here in two respects. First, the court found, apparently as a matter of law, that the odor of alcohol, bloodshot and watery eyes, and unsteadiness cannot support a finding of impairment. To the contrary, this court has held that similar evidence was sufficient to support such a finding. In Cann-Hanson v. State, 223 Ga. App. 690 (478 SE2d 460) (1996), this court noted that "[e]ven in the absence of the field sobriety tests, the officer's observation that Cann-Hanson had bloodshot, watery eyes and exuded an odor of alcohol was sufficient to show probable cause to arrest him for driving under the influence." Id. at 691 (1). Similarly, in Frederick, supra, 270 Ga. App. at 398, the defendant admitted that he had been drinking, and the officer smelled a strong odor of alcohol on the defendant's person and observed that the defendant's eyes were glassy. Id. We held that the arresting officer had probable cause to arrest for less safe DUI. Id.
We have previously held that either the presence or odor of alcohol on a driver's breath, or a positive alco-sensor result, would not alone support an inference that the driver was impaired. Handley v. State, 294 Ga. App. 236, 238 (668 SE2d 855) (2008). But under the combination of circumstances here, the evidence, including the officer's observation that Burke was unsteady on his feet, had bloodshot and watery eyes, exuded a strong odor of alcohol, and tested positive on the alco-sensor test, was sufficient to support a finding of impairment. See Cann-Hanson, supra; Frederick, supra.
We also disagree with the trial court's conclusion that there was "no testimony to suggest that the Defendant was a less safe driver." In addition to evidence presented of Burke's appearance, the officer testified that based on his observations and experience, he was of the opinion that Burke was a less safe driver. See Duren v. State, 252 Ga. App. 257, 260 (555 SE2d 913) (2001) (officer's testimony that defendant was less safe constitutes evidence). And "the state was not required to prove that he committed an unsafe act in order to show it was less safe for him to operate the [vehicle]."(Footnote, citations and punctuation omitted.) Bowling v State, 275 Ga. App. 45, 48 (619 SE2d 688) (2005).
Burke contends that pursuant to Sanders, supra, this court is required to affirm the grant of his motion to suppress. But that case is distinguishable. In Sanders, the evidence showed that the officer improperly administered a field sobriety test; "that it had `been awhile' since he had administered the test; and that Sanders was cooperative, did not have trouble exiting his vehicle, and did not have slurred speech." Sanders, supra, 274 Ga. App. at 396-397. The trial court then concluded that there was "no affirmative testimony or evidence that Sanders was impaired." Id. at 394.
Here, the trial court concluded that, as a matter of law, the evidence presented by the officer was insufficient to establish that Burke was less safe. The court clearly accepted the facts as presented by the officer, but ignored the officer's testimony that Burke was under the influence of alcohol to the extent he was a less safe driver.
The trial court erred in granting Burke's motion to suppress.
Judgment reversed.
Phipps and Bernes, JJ., concur.Augusta GA DUI Lawyer - Evans Georgia Criminal Defense Attorney
Drug charges, assault, homicide, murder, speeding, no insurance, battery, aggravated assault, child molestation, sex crimes, rape, premeditated murder, larceny theft, child porn, robbery, burglary, fraud, embezzlement, military offenses, and other Crimes in Georgia.
Drunk driving defense lawyer Augusta GA - Evans GA and Criminal Attorney in Richmond & Columbia County.
Augusta GA DUI Lawyer - Evans GA DUI - 'Real Housewives' husband arrested on suspicion of DUI
'Real Housewives' husband arrested on suspicion of DUI
Matthew Lon Keough had 3 times legal blood alcohol limit, sheriff spokesman said.
By JOHN CRANDALL and KIMBERLY EDDS
THE ORANGE COUNTY REGISTER
Comments 47 | Recommend 3
A former All-Star pitcher and husband of a "Real Housewives of Orange County" cast member was arrested Saturday on suspicion of driving under the influence of alcohol and evading arrest, an Orange County Sheriff's Department spokesman said.
Deputies arrested Matthew Lon Keough, 54, at his Coto de Caza home around 1:30 p.m., according to Jim Amormino, OCSD spokesman.
Amormino said deputies saw Keough drive through a stop sign and when the officers flashed their lights at him he failed to stop. Officers then followed Keough as he slowly drove home, where they arrested him on suspicion of evading arrest, in addition to drunken driving suspicions.
A blood test found Keough's blood alcohol level about 0.29, nearly four times the legal limit of .08 percent, the Sheriff's Department said.
"At nearly four times the limit, it's extremely dangerous to be on the road," Amormino said. "A little higher and it's not safe to be walking, let alone driving."
Keough was released from Central Men's Jail in Santa Ana at 1:13 a.m. on Sunday after posting bail of $10,000, according to the OCSD arrest logs.
Keough, appeared, along with his former Playboy centerfold wife and three teenage children, in the reality TV show "The Real Housewives of Orange County."
In the show's third season, Keough's wife, Jeana, announced the couple had separated.
From the late '70s to the mid '80s, Keough pitched for a number of Major League Baseball teams including the Oakland Athletics, the New York Yankees, The St. Louis Cardinals, the Chicago Cubs and the Houston Astros.
In 2005, Keough pleaded guilty to felony charges of driving under the influence of alcohol after he crashed his SUV into another SUV at a Rancho Santa Margarita red light, pushing the SUV into a man walking his bicycle across the street.
The man had to be hospitalized. Keough wandered away from the accident. His blood alcohol level was 2.5 times the legal limit more than three hours after sheriff's deputies tracked down the former Oakland pitcher in a nearby store, according to Amormino.
Keough was arrested in 2007 on charges he violated the terms of his parole and in January 2008 was sentenced to 180 days in jail.
Augusta GA DUI Lawyer Criminal Defense Attorney
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Matthew Lon Keough had 3 times legal blood alcohol limit, sheriff spokesman said.
By JOHN CRANDALL and KIMBERLY EDDS
THE ORANGE COUNTY REGISTER
Comments 47 | Recommend 3
A former All-Star pitcher and husband of a "Real Housewives of Orange County" cast member was arrested Saturday on suspicion of driving under the influence of alcohol and evading arrest, an Orange County Sheriff's Department spokesman said.
Deputies arrested Matthew Lon Keough, 54, at his Coto de Caza home around 1:30 p.m., according to Jim Amormino, OCSD spokesman.
Amormino said deputies saw Keough drive through a stop sign and when the officers flashed their lights at him he failed to stop. Officers then followed Keough as he slowly drove home, where they arrested him on suspicion of evading arrest, in addition to drunken driving suspicions.
A blood test found Keough's blood alcohol level about 0.29, nearly four times the legal limit of .08 percent, the Sheriff's Department said.
"At nearly four times the limit, it's extremely dangerous to be on the road," Amormino said. "A little higher and it's not safe to be walking, let alone driving."
Keough was released from Central Men's Jail in Santa Ana at 1:13 a.m. on Sunday after posting bail of $10,000, according to the OCSD arrest logs.
Keough, appeared, along with his former Playboy centerfold wife and three teenage children, in the reality TV show "The Real Housewives of Orange County."
In the show's third season, Keough's wife, Jeana, announced the couple had separated.
From the late '70s to the mid '80s, Keough pitched for a number of Major League Baseball teams including the Oakland Athletics, the New York Yankees, The St. Louis Cardinals, the Chicago Cubs and the Houston Astros.
In 2005, Keough pleaded guilty to felony charges of driving under the influence of alcohol after he crashed his SUV into another SUV at a Rancho Santa Margarita red light, pushing the SUV into a man walking his bicycle across the street.
The man had to be hospitalized. Keough wandered away from the accident. His blood alcohol level was 2.5 times the legal limit more than three hours after sheriff's deputies tracked down the former Oakland pitcher in a nearby store, according to Amormino.
Keough was arrested in 2007 on charges he violated the terms of his parole and in January 2008 was sentenced to 180 days in jail.
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Checking in on West Virginia camp
August 10, 2009 11:10 AM
Posted by ESPN.com's Brian Bennett
The big news in Morgantown over the weekend was the return of Jock Sanders.
The receiver/running back was reinstated in time for Saturday's first fall practice. He had been suspended since a February DUI arrest. No one seemed happier to have him back than running back Noel Devine.
"That is my brother," Devine said. "Batman and Robin."
You always want to be Batman in that relationship. The Charleston Daily Mail's Mike Casazza has more on the bond between Sanders and Devine.
Sanders worked with the first team on Saturday as Wes Lyons missed the first day with a personal issue. Lyons was back in the slot receiver spot on Sunday. The mind spins at the different looks West Virginia can give defenses from that position, with either the pint-sized Sanders or the 6-foot-8 Lyons.
"He is just a different guy in the slot than he is at the line of scrimmage," head coach Bill Stewart said of Lyons. "When you're a 6-8 target, and a 5-10 defensive guy gets under you and jams you at the line of scrimmage, he has some difficulty with releases. When he's in the slot, particularly with the motion that we like to use, it really gives him an advantageous position."
Not surprisingly, junior college vagabond Tevita Finau was not at either of the Mountaineers' first two practices. The defensive end is still working on academic and personal issues, Stewart said.
"As you know, he is not a typical freshman because number one, he is older," Stewart said. "He just was married and had his first child. We are very happy for him and his bride.
"I don't know the status with his academics. That is still an on-going process, and I would like you to know the clock never stops. He will continue to work on the academic issues, as well as his personal issues. We are wishing him the very best, and hopefully he will join us as soon as possible."
Left tackle Don Barclay, who broke his left leg in the spring game, practiced this weekend. Stewart said Barclay was a little sore after the first workout but otherwise looked good. Freshman quarterback Geno Smith is also practicing after breaking a bone in his foot this summer, and Stewart said he looks better than he had anticipated. At least physically.
"His mind is tying his feet up right now," Stewart said. "He's a typical freshman and we're throwing the offense at him right now. Geno has a long way to go. "
There was also a new name for West Virginia fans to digest this weekend. Jerrard Hunter, a 6-foot-3, 173-pound receiver who originally committed to Illinois, joined the roster after qualifying late. The Mountaineers added him after freshman Deon Long failed to qualify academically.
West Virginia Mountaineers, Bill Stewart, Tevita Finau, Jock Sanders, Noel Devine, Jerrard Hunter, Wes Lyons, Don Barclay, Geno Smith
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August 10, 2009 11:10 AM
Posted by ESPN.com's Brian Bennett
The big news in Morgantown over the weekend was the return of Jock Sanders.
The receiver/running back was reinstated in time for Saturday's first fall practice. He had been suspended since a February DUI arrest. No one seemed happier to have him back than running back Noel Devine.
"That is my brother," Devine said. "Batman and Robin."
You always want to be Batman in that relationship. The Charleston Daily Mail's Mike Casazza has more on the bond between Sanders and Devine.
Sanders worked with the first team on Saturday as Wes Lyons missed the first day with a personal issue. Lyons was back in the slot receiver spot on Sunday. The mind spins at the different looks West Virginia can give defenses from that position, with either the pint-sized Sanders or the 6-foot-8 Lyons.
"He is just a different guy in the slot than he is at the line of scrimmage," head coach Bill Stewart said of Lyons. "When you're a 6-8 target, and a 5-10 defensive guy gets under you and jams you at the line of scrimmage, he has some difficulty with releases. When he's in the slot, particularly with the motion that we like to use, it really gives him an advantageous position."
Not surprisingly, junior college vagabond Tevita Finau was not at either of the Mountaineers' first two practices. The defensive end is still working on academic and personal issues, Stewart said.
"As you know, he is not a typical freshman because number one, he is older," Stewart said. "He just was married and had his first child. We are very happy for him and his bride.
"I don't know the status with his academics. That is still an on-going process, and I would like you to know the clock never stops. He will continue to work on the academic issues, as well as his personal issues. We are wishing him the very best, and hopefully he will join us as soon as possible."
Left tackle Don Barclay, who broke his left leg in the spring game, practiced this weekend. Stewart said Barclay was a little sore after the first workout but otherwise looked good. Freshman quarterback Geno Smith is also practicing after breaking a bone in his foot this summer, and Stewart said he looks better than he had anticipated. At least physically.
"His mind is tying his feet up right now," Stewart said. "He's a typical freshman and we're throwing the offense at him right now. Geno has a long way to go. "
There was also a new name for West Virginia fans to digest this weekend. Jerrard Hunter, a 6-foot-3, 173-pound receiver who originally committed to Illinois, joined the roster after qualifying late. The Mountaineers added him after freshman Deon Long failed to qualify academically.
West Virginia Mountaineers, Bill Stewart, Tevita Finau, Jock Sanders, Noel Devine, Jerrard Hunter, Wes Lyons, Don Barclay, Geno Smith
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Drug charges, assault, homicide, murder, speeding, no insurance, battery, aggravated assault, child molestation, sex crimes, rape, premeditated murder, larceny theft, child porn, robbery, burglary, fraud, embezzlement, military offenses, and other Crimes in Georgia.
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