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State v. Hasson

The trial court erred in granting the defendant's motion to challenge venue as improper, because whether the State sufficiently proved venue was an issue for the jury to determine.

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Lawrence Martin Hasson was charged with driving without headlights OCGA § 40-8-20; violation of open container law OCGA § 40-6-253; driving while license suspended OCGA § 40-5-121 a; reckless driving OCGA § 40-6-390; driving under the influence less safe—alcohol OCGA § 40-6-391 a 1; and driving under the influence per se OCGA § 40-6-391 a 5. He filed a motion challenging venue as improper and seeking a transfer of the case from DeKalb County to Fulton County. After a hearing, a DeKalb County trial court issued an order granting the motion but characterizing the issue as a motion for suppression of evidence. The State appeals,1 arguing that the trial court erred in finding venue improper in DeKalb County and in considering the venue challenge in the context of a pretrial motion. Finding error, we reverse.

At the hearing on Hasson’s motion challenging venue, Officer John Thompson IV with the Atlanta Police Department’s DUI Task Force testified that on May 24, 2014, another officer was dispatched to check out a person asleep behind the wheel at Ponce de Leon and Moreland Avenue after a concerned citizen made a 911 call. Thompson testified that the 911 call was placed to City of Atlanta . . . Zone 6 which is partially in DeKalb and partially in Fulton County. He testified that the initial call to the other officer took place right on the line, but on the Fulton County side. The other officer activated his blue lights, but the subject vehicle proceeded through an intersection where

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