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Lockett v. State

Alcohol concentration expressed in grams and percent by weight of alcohol have the same meaning and are used interchangeably by the state legislature.

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On January 6, 2000, Monroe County officers arrested Marion Lockett after the tractor trailer he was driving turned over. A breath test showed a blood alcohol level of 0.073 grams. After a bench trial, the Probate Court1 of Monroe County found Lockett guilty of driving under the influence of alcohol to the extent that it was less safe to drive, OCGA § 40-6-391 a 1, and driving a commercial motor vehicle while there was 0.04 percent or more by weight of alcohol in his blood, breath, or urine, OCGA § 40-6-391 i. The probate court merged the counts and sentenced Lockett only for the commercial vehicle violation.2 The Superior Court of Monroe County affirmed3 the conviction, and Lockett appeals, contending the trial court erred in denying his motion to quash the citation and in denying his motion to suppress blood alcohol test results. We affirm.

1. Lockett contends the trial court erred in denying his motion to quash the citation because the citation did not specify the charged offense.4 Specifically, Lockett contends the citation, which charged him with violating “OCGA § 40-6-391 a 1 i,” did not specify the charged offense because no such code section exists. Because “the evidence is uncontroverted and there is no question concerning the credibility of witnesses, we conduct a de novo review of the trial court’s application of the law to the undisputed facts.” Citation omitted. State v. Allen, __Ga. App.__ __SE2d__ Case No. A02A1316, decided July 29, 2002.

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