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Caraway v. State

An officer responding to a call about a dark colored Dodge Ram truck driving recklessly in a restaurant's parking lot saw the defendant enter the parking lot driving a dark colored Dodge Ram truck, the defendant smelled of alcohol, had trouble walking, his speech was slurred and his eyes were bloodshot and almost closed and the officer found a half-empty beer can in the truck's cup-holder next to the driver's seat.

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A jury found Kevin Caraway guilty of driving under the influence of alcohol and possessing an open alcoholic beverage container in his motor vehicle. The trial court sentenced Caraway to serve 12 months in confinement and 12 months on probation, including various conditions. Caraway appeals, challenging the trial court’s refusal to quash part of the accusation, evidentiary rulings by the trial court and the sufficiency of the evidence supporting the judgment of conviction. The challenges are without merit, and we thus affirm Caraway’s conviction. 1. “On appeal from a criminal conviction, the evidence is viewed in the light most favorable to the verdict. We neither assess the credibility of the witnesses nor weigh the evidence, but instead determine only whether a rational trier of fact could have found each of the elements of the crime proven beyond a reasonable doubt.”1

The evidence presented at Caraway’s trial shows that on March 2, 2004, at about 6:30 in the evening, a police officer was on patrol in the city of Senoia when he saw a woman crying in the parking lot of a gas station. He stopped to check on the woman, who was later identified as Caraway’s girlfriend, Vicky Brooks. As the officer spoke with Brooks, he received a call dispatching him to Big Jim’s Wing Shack, located approximately 50 yards from the gas station, to investigate a complaint of someone driving a dark colored Dodge Ram pickup truck recklessly through the restaurant’s parking lot, slinging gravel on other vehicles and the building. The dispatch advised that the driver had left the restaurant and gone north on Georgia Highway 85.

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