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Johnson v. State

Evidence that defendant never produced a driver's license or proof of insurance despite the arresting officer's request was sufficient to establish that defendant failed to comply with O.C.G.A. § 40-6-10.

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A jury found Michael Ray Johnson guilty of two counts of DUI and one count of no proof of insurance. Johnson moved for a new trial which motion the court granted as to the DUI convictions, but denied as to the no-proof-of-insurance conviction. On appeal Johnson challenges the denial of his motion for a directed verdict on the no-proof-of-insurance conviction, and the failure of the court to give his requested charge on circumstantial evidence. Johnson also argues that the court should have suppressed the evidence because the stop was not based on reasonable suspicion, and that it was error for the court to refuse to hear his motion to suppress on the basis of untimeliness. As these claims are without merit, we affirm.

The evidence showed that while conducting a late-night road check, officers noticed Johnson make a u-turn prior to reaching the checkpoint. An officer dispatched to follow Johnson observed that Johnson was weaving within his lane. The officer stopped Johnson and asked him for his license and proof of insurance. Johnson responded that he had a driver’s license but that it was suspended. The officer then detected a strong odor of alcohol and asked Johnson to exit the vehicle. Johnson stumbled as he exited, and the officer noticed that his eyes were bloodshot and glassy and that his speech was slurred. After testing positive on an alcosensor, Johnson was arrested.

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