Slinkard v. State

A Douglas County jury found William Slinkard guilty of improper passing and driving under the influence of alcohol-less safe driver and per se excessive blood alcohol content “BAC”, which charges arose when, immediately after a red stoplight turned green at the corner of Fairburn and Mack Roads, Slinkard maneuvered his Harley-Davidson motorcycle between two adjacent northbound vehicles and passed them; one of the vehicles was a Douglas County Sheriff’s patrol car. As Slinkard explained to the detaining deputy, “the light changed and I didn’t want to stop.” Upon review, we affirm his conviction.

1. Slinkard was tried on a uniform traffic citation “UTC” which charged him with “DUI” and listed the DUI breath BAC test results as “.082 gms.” The UTC then further explained the DUI charge as “Alcohol in Violation of Code Section 40-6-391 A1-5.” After issue had been joined and a jury impaneled and sworn, Slinkard made an oral motion to quash the UTC as a defective charging instrument, which motion was denied by the trial court. He now claims error in the trial court’s ruling as follows: