Following a jury trial, James Jaffray was convicted of driving under the influence to the extent that it was less safe “DUI less safe”,1 speeding,2 and two counts of endangering a child by driving under the influence of alcohol.3 Jaffray appeals, arguing that the evidence was insufficient to support the jury’s verdict and that the trial court erred by 1 permitting the State to make an improper closing statement; and 2 concluding that the arresting officer had sufficient probable cause to arrest him. We affirm, for reasons that follow. Viewed in favor of the verdict,4 the record shows that at approximately 11:30 p.m. on November 10, 2007, Trooper James Lewis of the Georgia State Patrol observed a vehicle approaching at a high rate of speed. Lewis visually estimated that the vehicle was traveling over 70 miles per hour, and radar confirmed its speed at 79 miles per hour. The posted speed limit in that location was 55 miles per hour. The officer stopped the car and approached its driver, Jaffray. A woman, a 17-month-old girl, and a 12-year- old boy were also in the car. Trooper Lewis observed that Jaffray’s eyes were watery and bloodshot, and he detected a “strong odor” of alcoholic beverage emanating from Jaffray. Lewis asked Jaffray if he had consumed any alcohol, and Jaffray responded that he had a drink at a hockey game earlier in the evening and was trying to get his children home.
Lewis asked Jaffray if he would submit to standardized field sobriety tests. Jaffray initially responded that he wanted to take a blood test, but after Lewis asked him again, Jaffray agreed to the field sobriety tests. Lewis performed the horizontal gaze nystagmus “HGN” test and observed four out of six clues indicating impairment. At trial, Lewis testified that the test results indicated to him that Jaffray had a blood alcohol concentration “BAC” of 0.08 or higher. Lewis opted not to perform any additional field sobriety tests because the roadway was not level, and he was concerned that it would be unsafe for himself and Jaffray. The officer did administer a portable field AlcoSensor test to Jaffray, which tested positive for the presence of alcohol. At that point, Lewis concluded that Jaffray was under the influence of alcohol to the extent that he was a less-safe driver based on the HGN test results, the speeding, Jaffray’s watery and bloodshot eyes, his slow speech, the odor of alcohol on Jaffray’s breath, and his admission that he had consumed alcohol. Lewis arrested Jaffray and took him to jail, where Jaffray submitted to a State-administered breath test at 12:35 a.m., approximately one hour after he was stopped.5 Jaffray registered a 0.073 and a 0.085 on the Intoxilyzer 5000.
