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Werner v. State

Trial court had discretion to determine that arresting officer was an expert witness based on officer's specialized training and experience in DUI detection.

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Nicholas Eric Werner appeals from the denial of his motion for new trial after he was found guilty by a jury and sentenced for driving under the influence of alcohol to the extent that he was a less safe driver. He contends the trial court erred in admitting certain evidence and in its charge to the jury. We find no merit in Werner’s contentions, and we affirm the judgment.

Viewed in favor of the jury’s verdict, the evidence presented at trial showed that Werner was stopped at a roadblock in DeKalb County. An officer serving with the DeKalb County Police Department’s Strategic Traffic Accident Reduction “STAR” team observed Werner’s vehicle traveling at high speed. Werner did not slow as he approached the checkpoint, even though it was clearly marked with signs and four police cars with flashing blue lights. He crossed the centerline, moved back into the right lane, and finally slowed.

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