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Long v. State

The trial court's charge accurately and fully informed the jury on obstruction and a defendant's right to resist a lawful arrest when excessive and unlawful force is used.

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Charles Andrew Long appeals after a jury convicted him of driving under the influence to the extent that he was a less safe driver, obstruction of an officer, improper turn signal, open container violation and laying drag. He asserts that the trial court erred in not allowing him to present the defenses of justification and self-defense to the obstruction charge. He also asserts that there was insufficient evidence to support his DUI and obstruction convictions. We affirm. At approximately 10:15 p.m. on October 9, 2001, Officer Darren Summers of the Clayton County Police Department observed Long’s minivan at an intersection. Summers saw Long rev his engine while making a wide turn, causing the rear of his van to fishtail. He said that Long also failed to use his turn signal. Summers initiated a traffic stop and observed that Long’s eyes were red, glassy and a little bit watery. He could also smell the distinct odor of alcohol. In response to the officer’s questioning, Long admitted that he had consumed two beers.

Summers then asked Long to submit to a field sobriety evaluation, and he agreed. Summers administered the horizontal gaze nystagmus HGN, the walk and turn, the one-legged stand and the finger-to-the-nose tests, among others. Summer testified that Long showed positive for all six indicators of the HGN test. Long also had trouble maintaining his balance during the walk and turn test.

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