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Rolland v. State

The trial court did not violate O.C.G.A. § 17-8-57 in commenting on the history of the Intoxilyzer in the defendant's DUI trial, since the trial court's comments were clearly intended to explain its reason for sustaining the State's relevancy objection, the comments were concerning a fact that was not in dispute and trial counsel expressly agreed with the trial court's comments.

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A jury found Keno Rolland guilty of driving under the influence to the extent it was less safe for him to drive “DUI less safe”, driving under the influence of alcohol with an unlawful blood-alcohol concentration “DUI per se”, and failure to maintain a lane. Rolland filed a motion for new trial, which the trial court denied. On appeal, Rolland contends that 1 the trial court impermissibly commented on the evidence in violation of OCGA § 17-8-57; 2 the trial court abused its discretion in denying his motion for funds to hire an expert to testify at the new trial hearing; and 3 his trial counsel rendered ineffective assistance. For the reasons that follow, we affirm.

Following a criminal conviction, the defendant is no longer presumed innocent, and we view the evidence in the light most favorable to the jury’s verdict. Reese v. State, 270 Ga. App. 522, 523 607 SE2d 165 2004. So viewed, the evidence showed that at approximately 1:00 a.m., a patrol officer with the Athens-Clarke County Police Department observed a vehicle driven by Rolland traveling westbound on Lexington Road. The officer determined by radar that the vehicle was traveling 62 mph in a posted 45 mph zone and observed that the vehicle failed to maintain its lane twice. The officer activated his emergency lights, but Rolland traveled an additional half a mile before stopping his vehicle. Once Rolland brought his vehicle to a complete stop, half of his vehicle was still on the road and half was on the shoulder of the road. Concerned that the vehicle was only partially off of the road, the officer approached Rolland and requested that he move his vehicle to a safer location, and Rolland complied.

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