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Hudson v. State

The state's failure to prove venue at the defendant's first trial did not bar her retrial for DUI, misdemeanor obstruction and other charges.

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At her bench trial on charges of driving under the influence of alcohol per se,1 driving without taillights,2 failure to maintain her lane,3 and misdemeanor obstruction of an officer,4 Jalana Hudson successfully moved for directed verdict on the ground that the State failed to prove venue. She appeals the denial of her plea of former jeopardy, arguing that retrial is barred by the Fifth Amendment to the United States Constitution and OCGA § 16-1-8. For the reasons set forth below, we affirm. “The appellate standard of review of a grant or denial of a double jeopardy plea in bar is whether, after reviewing the trial court’s oral and written rulings as a whole, the trial court’s findings supports its conclusion.” Punctuation omitted. Leonard v. State .5 Here, the record shows that Hudson was charged by accusation with driving under the influence of alcohol DUI per se, driving without taillights, failure to maintain her lane, and misdemeanor obstruction of an officer. Thereafter, she waived her right to a jury and proceeded with a bench trial.

At trial, a sheriff’s deputy testified that on the evening of January 18, 2006, he stopped a vehicle driven by Hudson after he had observed it operating without taillights and weaving in and out of its lane of travel. Upon asking Hudson for her driver’s license, the deputy smelled an alcoholic beverage odor and noticed that Hudson’s speech was slurred. The deputy further testified that after Hudson failed several field sobriety tests and an alco-sensor test, he arrested her for DUI. However, as he attempted to handcuff Hudson, she resisted and tried to get back into her vehicle. After the deputy subdued Hudson, she agreed to submit to the State-administered chemical test of her breath. The deputy testified that Hudson’s first breath sample indicated an alcohol concentration of 0.138 grams, and her second sample showed a concentration of 0.135 grams.

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