Page v. State

Evidence of defendant's intoxication, though gathered in Fulton County, was sufficient to support an inference that he was intoxicated moments earlier when the officer saw him driving erratically in DeKalb County.

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Following a bench trial, Robin Benjamin Page was convicted in the State Court of DeKalb County of driving under the influence of alcohol to the extent that it was less safe for him to drive, OCGA § 40-6-391 a 1; failure to maintain lane, OCGA § 40-6-1, 40-6-48; driving an unsafe vehicle, OCGA § 40-8-7; and a headlight violation, OCGA § 40-8-20. On appeal, Page contends his conviction must be reversed because the State failed to prove venue beyond a reasonable doubt.

Because the evidence regarding Page’s arrest was undisputed, the trial court’s application of the law to these facts is subject to de novo appellate review. Vansant v. State, 264 Ga. 319, 320 1 443 SE2d 474 1994. The undisputed facts are as follows: after dark on April 27, 2000, a concerned citizen saw a damaged car stopped in a debris filled area on a ramp connecting Interstate 285 and Interstate 85. The driver then saw another damaged car, billowing steam, leaving the area and called 911 to report a possible hit-and-run and DUI. A DeKalb County police officer responded to the call and fell in behind the suspected hit-and-run driver while they were still in DeKalb County. The officer observed that the hood of the car was pushed back toward the windshield, obscuring the view ahead, and that the headlights were not operating. The officer saw the driver weave from lane to lane. Concerned that the driver would flee, the officer called for back up and continued to follow as they crossed into Fulton County and the car stopped at the end of the Lindbergh Avenue exit ramp. The officer pulled in behind the car and activated his blue lights. The officer found Page at the wheel and arrested him for DUI after administering several field sobriety tests. The officer read Page the implied consent notice1 ; Page refused to submit to a chemical test.

Page v. State

Evidence of defendant's intoxication, though gathered in Fulton County, was sufficient to support an inference that he was intoxicated moments earlier when the officer saw him driving erratically in DeKalb County.

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