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Walker v. State

The trial court erred in twice charging the jury with the elements of failure to maintain a lane, since the accusation charged the defendant with an improper lane change.

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A jury found Charles Edwin Walker guilty of driving under the influence of prescription drugs to the extent it was less safe for him to do so and improper lane change. Walker appeals, contending that the evidence was insufficient to support his conviction for improper lane change, that there were irregularities in the accusation and the jury charge on improper lane change, and that the trial court erred in failing to charge the jury on justification and accident.1 For reasons that follow, we affirm in part and reverse in part. On appeal from a criminal conviction, we view the evidence in a light most favorable to the verdict, neither weighing the evidence nor evaluating witness credibility.2 So viewed, the evidence shows that on September 30, 2004, Walker was driving a limousine on Interstate 85. Another driver called police after observing Walker driving erratically, including swerving across multiple lanes of traffic and driving into the median. As Walker continued north on Interstate 85, he was “darting around,” speeding, and “going across the lines.” Walker then merged onto Interstate 285, forcing another driver against the retaining wall.

Walker drove onto the shoulder of the road, spinning the limousine and “going airborne.” Walker attempted to return to the roadway despite having parts of the limousine dragging on the ground. At this point, two vehicles were able to block the limousine’s path and prevent Walker from driving further. When Walker exited his vehicle, he was staggering and “almost fell into the moving interstate traffic.”

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