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Smith v. State

The trial court abused its discretion in its consideration of the Barker factors after the defendant claimed he was denied his right to a speedy trial after he was charged with DUI.

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In the second appearance of this case before this court, Jason Smith appeals from his conviction of driving with a blood alcohol level of 0.08 grams or more in violation of OCGA § 40-6-391 a 5 DUI per se. Smith contends that we must once again remand this case to the trial court for entry of an order with adequately supported factual findings and the correct balancing of the four speedy trial factors outlined in Barker v. Wingo, 407 U. S. 514 92 SCt 2182, 33 LE2d 101 1972. He asserts in the alternative that we should conclude that the trial erred by failing to grant his motion for an acquittal based upon a violation of his federal and state constitutional rights to a speedy trial. For the reasons explained below, Supreme Court of Georgia precedent requires us to vacate the trial court’s order denying Smith’s motion for discharge and acquittal and remand this case again to the trial court.

The record shows that on May 5, 2007, Smith was arrested for DUI less safe and DUI per se following an accident on an interstate highway. He was convicted of DUI per se in a bench trial on June 1 2012, five years and 28 days later. Smith was not incarcerated during this time period as he was released on bond the day after this arrest.

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