Patterson v. State

Jason Patterson appeals after he was found guilty in a bench trial on one count of driving under the influence of alcohol to the extent he was a less safe driver. Patterson argues on appeal that the evidence was insufficient to support his DUI conviction. We affirm. The evidence showed that on the morning of April 1, 2008, the DeKalb County Police Department received a report of a single car accident, and within three minutes Officer A.T. Quigley responded to the scene. When Quigley arrived, he saw a Jaguar resting against a raised curb, blocking the entrance into an apartment complex. A man later identified as Patterson was slumped over the wheel of the car, which had damage to the driver side axle and wheel. No one else was in the vehicle. The keys were in the ignition, but the car was not running and did not appear driveable due to the damaged axle. Quigley did not feel the hood to see whether it was warm.

When Quigley approached the car, he detected a strong odor of alcohol coming from the open window and saw a beer bottle lying on the passenger side floorboard. Patterson was unresponsive and drooling saliva onto his clothing. Quigley placed smelling salts under his nose to revive him. Patterson awoke but did not answer when Quigley asked him whether he was injured or whether anyone else had been in the car. His only response was to say that he was “fucked up” in a slurred voice. The officer observed that Patterson’s eyes were glassy.