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Jacobson v. State

Intoxilyzer 5000 maintenance logs are not even relevant enough to be discoverable pursuant to O.C.G.A. § 40-6-392 a 4.

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A jury found Jeffrey Lee Jacobson guilty of DUI per se, DUI less safe, and failing to properly dim the headlights of his vehicle.1 Jacobson appeals from the convictions entered on the verdict, claiming that the evidence was insufficient to support his DUI convictions and that the trial court erred in i allegedly commenting on the evidence in violation of OCGA § 17-8-57, ii allowing the state to admit the results of Jacobson’s breathalyzer test, iii allowing the state to admit certificates of inspection for the breath-testing equipment, and iv refusing his request to admit maintenance logs showing when the breath-testing equipment was taken out of service. We find no error and affirm. 1. In considering whether evidence produced at trial was sufficient to support a conviction, we do not weigh the evidence or determine witness credibility but only determine whether the evidence is sufficient under the standard of Jackson v. Virginia .2 The jury’s verdict must be upheld if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt, and we view the evidence in a light most favorable to the verdict.3

So viewed, the evidence shows that at approximately 3:00 a.m. on December 21, 2008, an officer with the Forsyth County Sheriff’s Department observed a vehicle approach his patrol car with its bright headlights turned on. After the driver, who was later identified as Jacobson, failed to dim the bright lights before passing the officer’s car, the officer conducted a traffic stop based upon Jacobson’s violation of OCGA § 40-8-31 1.

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