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Evans v. State

Because the defendant refused blood alcohol testing and was charged solely under the DUI-less safe provisions of the Georgia code, the statutorily-permitted inferences arising from chemical testing were irrelevant.

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A Fulton County jury found David Matthew Evans guilty of driving under the influence of alcohol-less safe driver; failure to maintain a lane; reckless driving; failure to use a turn signal; and improper lane change. He appeals, contending that the trial court erred in admitting the arresting officer’s police report into evidence, and that the trial court erred in refusing to permit his expert witness to extrapolate his blood alcohol content by applying the “Widmark formula” to the amount of alcohol Evans consumed. Upon review of the errors as enumerated, we affirm.

1. Evans claims “the trial court committed reversible error in admitting over defense objection officer Sears’s police report when the defense had not made charges against the officer of improper influence, motive, or recent fabrication, the prosecution offered the police report solely to corroborate or bolster the officer’s testimony, and the police report was not truly consistent with the officer’s testimony.” We find no error in the admission of the police report.

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