Simmons v. State

The evidence supported the defendant's conviction for aggressive driving, since the record showed that the defendant struck the witness's truck four times in rapid succession and then struck it again as he fled the scene.

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Following a bench trial, Robert Lee Simmons was convicted of driving under the influence to the extent it was less safe for him to drive “DUI less safe”,1 failure to report an accident resulting in injury or property damage of $500 or more,2 aggressive driving,3 possessing an open container of an alcoholic beverage in the passenger area of a vehicle,4 and operating a motor vehicle without registration or a valid license plate.5 Simmons appeals, arguing that he did not intelligently waive his right to a jury trial. He also contends that the trial court erred by admitting a particular witness statement, and he challenges the sufficiency of the evidence with regard to his convictions for DUI less safe, aggressive driving, and possessing an open container. We affirm, for the reasons that follow.

” ‘On appeal from a criminal conviction that follows a bench trial, the defendant no longer enjoys a presumption of innocence, and we view the evidence in a light favorable to the trial court’s finding of guilt.’ “ 6 So viewed, the evidence shows that on January 11, 2011, at approximately 9:30 p.m., Bradley Faircloth was traveling on I-20 in Cobb County. The roads were icy and slushy, with only one traveling lane open; cars were lined up in the emergency lane to exit the highway. Faircloth was in the stop and go line of traffic in the emergency lane when his vehicle was struck from behind by a tow truck four times, in rapid succession, with such force that the towing hitch on the back of Faircloth’s truck broke. Faircloth approached the truck that hit him to exchange information with the driver, Simmons, who was sitting in the driver’s seat. Simmons had slurred speech, and when he opened the door of his truck, Faircloth noticed that “it reeked of alcohol.” Simmons said that “somebody must have put something in his drink,” and then repeatedly stated that he needed to leave. While Faircloth called 911, Simmons closed the door and drove off quickly, sideswiping Faircloth’s truck and almost striking him.

Simmons v. State

The evidence supported the defendant's conviction for aggressive driving, since the record showed that the defendant struck the witness's truck four times in rapid succession and then struck it again as he fled the scene.

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