Tanner v. State, 484 S.E.2d 766 (Ga. Ct. App. 1997). · Go Syfert
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Tanner v. State, 484 S.E.2d 766 (Ga. Ct. App. 1997). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 2001 · …a police officer may give opinion testimony as to the state of sobriety of a dui suspect and whether appellant was under the influence to the extent it made him less safe to drive. ✓
24 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: Bennett v. State (gactapp, 2011-12-29)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Bennett v. State
Ga. Ct. App. · 2011 · confidence medium
See id.; Gamble v. State, 283 Ga. App. 326, 326-327 (1) ( 641 SE2d 556 ) (2007); Tanner v. State, 225 Ga. App. 702, 702-703 ( 484 SE2d 766 ) (1997) (police officer may give opinion testimony as to defendant’s state of sobriety and whether he was under influence to extent he was less safe to drive); see also OCGA § 40-6-391 (a) (1).
cited Cited as authority (rule) State v. Rigdon
Ga. Ct. App. · 2007 · confidence medium
(Citations and punctuation omitted.) Tanner v. State, 225 Ga. App. 702, 703 ( 484 SE2d 766 ) (1997).
discussed Cited as authority (rule) Fuller v. State
Ga. Ct. App. · 2002 · confidence medium
Johnson, P. J., and Miller, J., concur. 1 Kelly v. State, 242 Ga. App. 30, 31 (1) ( 528 SE2d 812 ) (2000). 2 State v. Bute, 250 Ga. App. 479 ( 552 SE2d 465 ) (2001). 3 Whren v. United States, 517 U. S. 806, 810 (116 SC 1769, 135 LE2d 89) (1996). 4 Hines v. State, 214 Ga. App. 476 ( 448 SE2d 226 ) (1994). 5 Smith v. State, 240 Ga. App. 150, 151 (1) ( 522 SE2d 744 ) (1999). 6 Stone v. State, 248 Ga. App. 190, 191 (1) ( 546 SE2d 787 ) (2001). 7 Tanner v. State, 225 Ga. App. 702, 703 ( 484 SE2d 766 ) (1997). 8 Aldridge v. State, 237 Ga. App. 209, 212 (1) ( 515 SE2d 397 ) (1999). 9 Jackson v.Virgin…
discussed Cited as authority (rule) Fairbanks v. State
Ga. Ct. App. · 2000 · confidence medium
Phipps, J, and McMurray, Senior Appellate Judge, concur. 1 Tanner v. State, 225 Ga. App. 702, 703 ( 484 SE2d 766 ) (1997). 2 See Bowman v. Palmour, 209 Ga. App. 270 (1) ( 433 SE2d 380 ) (1993). 3 See Brooks v. State, 187 Ga. App. 194, 195 (1) ( 369 SE2d 801 ) (1988). 4 OCGA § 40-5-55 (a). 5 See Martin v. State, 214 Ga. App. 614, 615 (1) ( 448 SE2d 471 ) (1994). 6 Firsanov v. State, 270 Ga. 873, 875 (3) ( 513 SE2d 184 ) (1999). 7 See Martin, supra at 616 (1); Davis v. State, 187 Ga. App. 517 ( 370 SE2d 779 ) (1988). 8 Miles v. State, 236 Ga. App. 632, 633 (1) ( 513 SE2d 39 ) (1999). 9 See Nels…
discussed Cited as authority (rule) Mealor v. State
Ga. Ct. App. · 1998 · confidence medium
Because we find the evidence of Mealor’s unsteady gait, the odor of alcoholic beverages emanating from him, and the results of his field tests sufficient to meet this standard, the trial court did not err when it denied Mealor’s motion. *195 See Tanner v. State, 225 Ga. App. 702, 703 ( 484 SE2d 766 ) (1997).
cited Cited as authority (rule) Tuttle v. State
Ga. Ct. App. · 1998 · confidence medium
Tanner v. State, 225 Ga. App. 702, 703 ( 484 SE2d 766 ) (1997).
discussed Cited as authority (rule) Kollman v. State
Ga. Ct. App. · 1998 · confidence medium
Finally, we find there was sufficient evidence to support Kollman’s conviction. “ ‘On appeal the evidence must be viewed in the light most favorable to support the verdict, and appellant no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility. [Cit.]’ [Cit.]” Tanner v. State, 225 Ga. App. 702, 703 ( 484 SE2d 766 ) (1997).
discussed Cited "see" Casey v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Tanner v. State, 225 Ga. App. 702 ( 484 SE2d 766 ). 5.
discussed Cited "see, e.g." Yeong Sik Oh v. State (2×)
Ga. Ct. App. · 2018 · signal: see also · confidence medium
See also Tanner v. State, 225 Ga. App. 702, 702-03 ( 484 SE2d 766 ) (1997).
Retrieving the full opinion text from the archive…
Tanner
v.
the State
A97A0323.
Court of Appeals of Georgia.
Mar 25, 1997.
484 S.E.2d 766
1997 Ga. App. LEXIS 474
Brownlow & Schaefer, Ira B. Brownlow, Jr., for appellant., Ralph T. Bowden, Jr., Solicitor, W. Cliff Howard, Laura E. LeDuc, Assistant Solicitors, for appellee.
McMurray, Beasley, Smith.
Cited by 12 opinions  |  Published
McMurray, Presiding Judge.

After a bench trial, defendant was convicted of driving under the influence of alcohol to an extent that it was less safe for him to drive in violation of OCGA § 40-6-391 (a) (1). This appeal followed the denial of defendant’s motion for new trial. Held:

Defendant challenges the sufficiency of the evidence in his sole enumeration of error, arguing that the arresting officer’s opinion that defendant was less safe to drive is insufficient to authorize his conviction for violating OCGA § 40-6-391 (a) (1). This argument is without merit.

“A police officer may give opinion testimony as to the state of sobriety of a DUI suspect and whether appellant was under the influence to the extent it made him less safe to drive. Church v. State, 210 Ga. App. 670 (436 SE2d 809); Grant v. State, 195 Ga. App. 463, 464[*703] (1) (393 SE2d 737); Chance v. State, 193 Ga. App. 242 (387 SE2d 437); compare McFarland v. State, 210 Ga. App. 426 (436 SE2d 541). Whether a police officer qualifies as an expert for such purposes rests in the discretion of the trial court. See Smith v. State, 210 Ga. App. 451, 452 (3) (436 SE2d 562). On appeal the evidence must be viewed in the light most favorable to support the verdict, and appellant no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility. Grant v. State, supra.” Lewis v. State, 214 Ga. App. 830, 831 (1), 832 (449 SE2d 535). Review of the trial transcript in the case sub judice reveals that the arresting officer stopped defendant’s car at a police traffic roadblock at 2:30 in the morning on July 18, 1994; that defendant’s car smelled like alcohol at the time; that defendant’s eyes were “bloodshot and slightly watery”; that defendant failed several field sobriety tests administered by the arresting officer and that defendant admitted to consuming “two beers” before driving his car. This evidence is sufficient to authorize the trial court’s finding that defendant is guilty, beyond a reasonable doubt, of driving under the influence of alcohol to an extent that it was less safe for him to drive. OCGA § 40-6-391 (a) (1); Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560).

Decided March 25,1997. Brownlow & Schaefer, Ira B. Brownlow, Jr., for appellant. Ralph T. Bowden, Jr., Solicitor, W. Cliff Howard, Laura E. LeDuc, Assistant Solicitors, for appellee.

Judgment affirmed.

Beasley and Smith, JJ, concur.