Martin v. State, 453 S.E.2d 498 (Ga. Ct. App. 1995). · Go Syfert
Martin v. State, 453 S.E.2d 498 (Ga. Ct. App. 1995). Cases Citing This Book View Copy Cite
18 citation events (8 in the last 25 years) across 1 distinct court.
Cited for
216 Ga. App. at 26 trial court authorized to conclude that it was unreasonable to believe that the defendant became intoxicated within a period of time of less than 25 minutes prior to the officer’s arrival2 citing cases1 citing court put it this way
  • Ayers v. City of Atlanta, 471 S.E.2d 240 (Ga. Ct. App. 1996).published 2 cites
    See Martin v. State, 216 Ga. App. 25, 26 ( 453 SE2d 498 ) (1995); Lewis v. State, 214 Ga. App. 830, 831-832 (1) ( 449 SE2d 535 ) (1994).
  • Silvers v. State, 677 S.E.2d 410 (Ga. Ct. App. 2009).published 2 cites
    (trial court authorized to conclude that it was unreasonable to believe that the defendant became intoxicated within a period of time of less than 25 minutes prior to the officer’s arrival)
216 Ga. App. at 25 “under the influence of alcohol to the extent that it was less safe for him to drive.”1 citing case1 citing court quotes it · passage not found verbatim in the opinion (90%)
  • Cunningham v. State, 498 S.E.2d 590 (Ga. Ct. App. 1998).published 4 cites
    Cunningham’s challenge to the sufficiency of the evidence is met with our conclusion that evidence at trial authorized a rational trier of fact to find him guilty of driving “[u]nder the influence of alcohol to the extent that it [was] les…
Retrieving the full opinion text from the archive…
Martin
v.
the State
A95A0012.
Court of Appeals of Georgia.
Jan 6, 1995.
Published opinion
453 S.E.2d 498
1995 Ga. App. LEXIS 15
Richard D. Hobbs, for appellant., Keith C. Martin, Solicitor, Michael D. Baird, Assistant Solicitor, for appellee.
Blackburn, McMurray, Andrews.
Cited by 9 opinions  |  Published
Blackburn, Judge.

The appellant, Charles Lee Martin, appeals his conviction of driving under the influence of alcohol following a bench trial. In his sole enumeration of error, he asserts that the evidence was insufficient to support his conviction. We disagree and affirm his conviction.

In lieu of a transcript, the appellate record contains the trial court’s summary of the proceedings from recollection in accordance with OCGA § 5-6-41 (g). At trial, Clayton County Police Officer James Scott testified that he was summoned to the apartment complex where Martin resided based upon a complaint that an individual had been seen driving a black automobile within the complex in a reckless manner. Officer Scott could not locate the vehicle during his initial investigation. However, upon his return to the complex approximately 25 minutes later, he discovered such a vehicle.

When the officer questioned Martin about the vehicle, he admitted that he had been driving the vehicle. The officer noticed that Martin was unsteady on his feet and was unable to coordinate his motor and verbal skills. His eyes were bloodshot and a strong odor of alcohol permeated his body and clothing. Martin subsequently submitted to an aleo-sensor test, and the test results were positive. However, Martin refused to submit to field sobriety tests and shouted obscenities at the officer. Based upon his observations, Officer Scott opined that Martin had been drinking alcohol to the extent that it was less safe for him to drive.

This evidence was sufficient to authorize the trial court’s finding that Martin was guilty beyond a reasonable doubt of operating a moving vehicle while under the influence of alcohol to the extent that it was less safe to drive, in violation of OCGA § 40-6-391 (a) (1). Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979);[*26] Schoicket v. State, 211 Ga. App. 636 (440 SE2d 65) (1994). Contrary to Martin’s assertions, “[d]riving an automobile while under the influence of alcohol may be shown by circumstantial evidence.” (Citations and punctuation omitted.) Id. at 637.

Decided January 6, 1995. Richard D. Hobbs, for appellant. Keith C. Martin, Solicitor, Michael D. Baird, Assistant Solicitor, for appellee.

The trial court was authorized to reject Martin’s testimony and the testimony of his defense witnesses that he had not been drinking prior to operating the vehicle in light of the officer’s testimony as to Martin’s noticeably intoxicated appearance approximately 25 to 30 minutes after Martin was admittedly seen driving the vehicle. As the trial court concluded, it is unreasonable to believe that Martin became intoxicated within a period of time of less than 25 minutes prior to the officer’s arrival. In a bench trial, the trial court, as the trier of fact, weighs the evidence and determines the credibility of witnesses. Dunn v. State, 213 Ga. App. 165 (444 SE2d 812) (1994). The duty of this court is only to determine the legal sufficiency of the evidence under the standard enunciated in Jackson v. Virginia, supra. Id.

Judgment affirmed.

McMurray, P. J., and Andrews, J., concur.