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Diaz v. State

Defendant's status as an undocumented alien did not exempt him from the requirement of obtaining a Georgia driver's license.

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Kerwin Diaz was found guilty in a bench trial of driving under the influence of alcohol to the extent that he was a less safe driver, failing to maintain lane, and driving without a license. He appeals his conviction and sentence, contending that the evidence was insufficient to find him guilty of DUI and that the trial court erred in admitting certain evidence, in sentencing him, and in finding him guilty of violating OCGA § 40-5-20. We find no merit in these contentions, and we affirm the judgment.

The record shows that Gwinnett County Police Officer Gale Higginbotham Murray was on duty when she observed Diaz’s vehicle make a turn into the center lane of a three-lane highway without using a turn signal, then twice cross partially into the left lane and re-enter the center lane. Murray initiated a traffic stop, and when she approached the open driver’s side window, she noticed a strong odor of alcohol. When requested to show a driver’s license and proof of insurance, Diaz produced a Tennessee driver’s license and insurance card. He told Murray that he had not had anything to drink and that he had lived in Georgia about a month and a half.

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