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John Thomas Woodsv.The State

CourtCourt of Appeals of Georgia
Docket No.A21A0723
DecidedOctober 25, 2021
Reporter278 Ga. 704
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureConstitutional LawEvidenceExpert TestimonyDemurrerReversal
Case Summary

John Woods was convicted of driving under the influence, failure to maintain lane, and driving too fast for conditions. He challenged the criminal expert-testimony statute, the use of field sobriety tests, a demonstrative aid, and the sufficiency of the accusation. The Court of Appeals of Georgia rejected the constitutional, self-incrimination, evidentiary, and other challenges but reversed the conviction for failure to maintain lane. The accusation omitted an essential statutory element—failure to move only after first determining that the movement could be made safely—and a statutory citation could not cure that defect after the Supreme Court of Georgia’s intervening decision.

Opinion

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