Johnson v. State

Doyle, Presiding Judge.

After a jury trial, William Holland Johnson, Jr., was found guilty of driving under the influence of alcohol such that he was less safe to do so (“DUI-less safe”),1 and improper lane change.2 Johnson appeals, arguing that the trial court erred by (1) denying his motion to exclude evidence of the horizontal gaze nystagmus (“HGN”) test based on the standard stated in Sultan v. State;3 (2) denying four of his jury charge requests; and (3) admitting evidence of his recorded post-arrest statements. For the reasons that follow, we affirm.4

Viewed in the light most favorable to…