Not lesser included offense of DUI.

- As a matter of fact or of law, the offense of being a pedestrian under the influence is not a lesser included offense of the offense of driving under the influence. Dickson v. State, 167 Ga. App. 685, 307 S.E.2d 267 (1983).

Drunk pedestrian not in crosswalk.

- Grant of summary judgment to the driver and the insurer was affirmed because the evidence showed that the plaintiff was dressed in black clothing, was drunk, crossed a major roadway at night outside of an available crosswalk, and there was no evidence that the driver was speeding nor was violating any rules of the road, or even saw the pedestrian; therefore, the driver did not fail to exercise due diligence to avoid striking the pedestrian. Politzer v. Xiaoyan, 801 S.E.2d 114 (2017).

Probable cause.

- Probable cause for arrest exists when the defendant stated the defendant was drunk and the officer observed signs of intoxicated behavior. Miller v. State, 221 Ga. App. 494, 471 S.E.2d 565 (1996).

Questions for jury.

- When the decedent was run over by a bus after the driver let the decedent off on the roadway approximately four feet from the curb and about 25 feet from the bus stop, the issues of the decedent's negligence and the duty of care owed to the decedent were questions for the jury. Cuthbert v. Metropolitan Atlanta Rapid Transit Auth., 190 Ga. App. 550, 379 S.E.2d 413, cert. denied, 190 Ga. App. 897, 379 S.E.2d 413 (1989).

Not applicable in tort action.

- Defendants failed to show, as a matter of law, that the alcohol and cocaine in the deceased's system rendered him a "hazard" in violation of O.C.G.A. § 40-6-95. Moreover, there was no evidence to suggest that the deceased wandered onto the highway in violation of O.C.G.A. § 40-6-96. Swinney v. Schneider Nat'l Carriers, Inc., 829 F. Supp. 2d 1358 (N.D. Ga. Nov. 7, 2011).

Cited in White v. State, 310 Ga. App. 386, 714 S.E.2d 31 (2011).

Am. Jur. 2d.

- 8 Am. Jur. 2d, Automobiles and Highway Traffic, §§ 444, 514.

C.J.S.

- 60A C.J.S., Motor Vehicles, § 886.

ALR.

- Intoxication of person injured or killed as affecting applicability of last clear chance doctrine, 26 A.L.R.2d 308.