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Griffin v. State

Although the defendant claimed that a defect in her car's engine caused her car to veer into oncoming traffic, the evidence showed that she was in the wrong lane for some time before the deadly collision and that she was driving under the influence.

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Angela Michele Griffin was tried before a jury and found guilty of first degree vehicular homicide Counts 1 and 2, serious injury by vehicle Count 2, driving under the influence Count 4, driving without insurance Count 5 and failure to use child-safety restraints Count 6. The DUI count was merged with the vehicular homicide counts at sentencing and this direct appeal followed. Griffin enumerates the sufficiency of the evidence for first degree vehicular homicide. She also contends she was denied due process because the State failed to preserve potentially exculpatory evidence and because the trial court would not allow her to independently test the blood sample taken from her. We affirm.

Viewed in the light most favorable to the jury’s verdicts, the evidence adduced at trial showed that a Vidalia police officer was dispatched to the scene of a two-car accident that was a head-on collision. The vehicle driven by defendant Griffin was clearly in the oncoming traffic lane, still engaged to the other car. On the floorboard of Griffin’s vehicle, the officer found a small child, deceased. The driver of the other car, Leah Kight, was coherent, but the passenger, her father, was unconscious and eventually died. The Georgia State Patrol was notified to send a fatality crew to conduct the investigation, while the Vidalia police secured the scene. There were no witnesses to the accident.

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