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State v. Tittle

The Georgia Evidence Code allows the State to introduce a defendant's prior DUI conviction as part of its case-in-chief in any DUI prosecution in which the accused refused to take the State-administered test required under O.C.G.A. § 40-5-55, because such evidence is, at the very least, relevant to prove knowledge.

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In this DUI case, the State appeals from an order of the trial court that prohibits the State from introducing the defendant’s prior DUI conviction as part of its case in chief. Finding that the trial court’s ruling conflicts with the Georgia Supreme Court’s recent decision in State v. Frost, 297 Ga. 296 773 SE2d 700 2015, we reverse.

The relevant facts are undisputed and the record shows that on May 9, 2014, a car driven by Joshua Tittle was involved in a single-car accident in Clayton County. The responding officer detected a strong odor of alcohol coming from Tittle’s person and observed that Tittle’s speech was slurred. Tittle admitted that he had consumed alcoholic beverages at some point before driving, and he performed poorly on a field sobriety test administered by the officer. The officer arrested Tittle and read him Georgia’s implied consent notice,1 but Tittle refused to submit to any chemical testing. Tittle was subsequently indicted on one count each of failure to maintain lane and DUI less safe.2

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