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Keller v. State

The trial court did not err in refusing to suppress the field sobriety evaluations, since the evidence of the arresting officer's failure to fully comply with guidelines went to the weight and credibility of the officer's behavioral observations and the trial court expressly found that the tests administered by the officer substantially complied with the standards in which he had been trained.

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In April of 1997, a Cobb County jury found Gerald Keller guilty of inter alia being a habitual violator, driving under the influence of alcohol, having improper equipment, and speeding. Keller has been before this Court numerous times with regard to this conviction.1 He is with us again, this time arguing that several claims of error require reversal. Finding no merit to Keller’s claims, we affirm his conviction. Viewed to support the jury’s verdict, the evidence shows that at approximately 6:00 a.m. on August 3, 1995, Georgia State Trooper Keith Hales observed Keller’s vehicle traveling on I-575 in Cobb County at a speed that appeared to be above the posted speed limit and with its left headlight out. Hales’ radar gun registered the vehicle traveling 79 miles per hour in a 55 mile per hour zone.

The trooper pulled Keller over and asked him for his driver’s license and proof of insurance; Keller could produce neither. Hales noted that Keller had bloodshot, watery eyes and a strong odor of alcohol about his person. He administered several field sobriety tests, all of which indicated that Keller was under the influence of alcohol. The trooper then placed Keller under arrest. Further investigation showed that Keller’s license was suspended pursuant to his status as an habitual violator. Held :

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