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Yarber v. State

The trial court did not reversibly err in admitting certain evidence in the defendant's trial for DUI and traffic offenses, because even if the evidence should have been excluded based on the defendant's confrontation right, the evidence was merely cumulative of other admissible evidence and the other evidence of guilt was overwhelming.

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So Young Yarber was turning right from one street onto a cross street when her vehicle collided with another. Police soon arrived at the scene and conducted an investigation. The state thereafter accused Yarber of DUI less safe,1 failure to maintain lane,2 and improper turn at an intersection.3 A jury found Yarber guilty as charged. Challenging her judgment of conviction, Yarber contends that the trial court erred by allowing the jury to hear a recording of the roadside call made to 911 by the other driver who did not testify at trial. For reasons that follow, we affirm.

On September 30, 2014 at about 5:30 a.m., two police officers in their separate patrol cars happened upon the scene of the apparently recent two-vehicle collision. As the officers’ trial testimony revealed, in light of events that quickly unfolded after their encounter with Yarber, one officer pursued a DUI investigation, while the other officer focused on ascertaining the driving maneuvers that had precipitated the collision.

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